{"id":"qld:act-1999-090","name":"Vegetation Management Act 1999","slug":"vegetation-management-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"90 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104647,"registerId":"qld-act-1999-090-current","compilationNumber":null,"startDate":"2026-04-03","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 Act may be cited as the Vegetation Management Act 1999 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 2004 No. 1 s 5","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe purpose of this Act is to regulate the clearing of vegetation in a way that—\nconserves remnant vegetation that is—\nan endangered regional ecosystem; or\nan of concern regional ecosystem; or\na least concern regional ecosystem; and\nconserves vegetation in declared areas; and\nensures the clearing does not cause land degradation; and\nprevents the loss of biodiversity; and\nmaintains ecological processes; and\nmanages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e) ; and\nreduces greenhouse gas emissions; and\nallows for sustainable land use.\nThe purpose is achieved mainly by providing for—\nthe following matters—\nassessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive;\nfor the Planning Act , the matters a referral agency other than the planning chief executive—\nmust or may assess a development application against; or\nmust or may assess a development application having regard to; and\nthe enforcement of vegetation clearing provisions; and\ndeclared areas; and\na framework for decision making that, in achieving this Act’s purpose in relation to subsection (1) (a) to (e) , applies the precautionary principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage; and\nthe regulation of particular regrowth vegetation.\nIn this section—\nenvironment includes—\necosystems and their constituent parts including people and communities; and\nall natural and physical resources; and\nthose qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and\nthe social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters.\ns 3 amd 2000 No. 35 s 3 ; 2003 No. 10 s 76 sch\nsub 2004 No. 1 s 6\namd 2009 No. 43 s 4 (retro); 2013 No. 24 s 4 ; 2016 No. 27 s 611\n(sec.3-ssec.1) The purpose of this Act is to regulate the clearing of vegetation in a way that— conserves remnant vegetation that is— an endangered regional ecosystem; or an of concern regional ecosystem; or a least concern regional ecosystem; and conserves vegetation in declared areas; and ensures the clearing does not cause land degradation; and prevents the loss of biodiversity; and maintains ecological processes; and manages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e) ; and reduces greenhouse gas emissions; and allows for sustainable land use.\n(sec.3-ssec.2) The purpose is achieved mainly by providing for— the following matters— assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive; for the Planning Act , the matters a referral agency other than the planning chief executive— must or may assess a development application against; or must or may assess a development application having regard to; and the enforcement of vegetation clearing provisions; and declared areas; and a framework for decision making that, in achieving this Act’s purpose in relation to subsection (1) (a) to (e) , applies the precautionary principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage; and the regulation of particular regrowth vegetation.\n(sec.3-ssec.3) In this section— environment includes— ecosystems and their constituent parts including people and communities; and all natural and physical resources; and those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters.\n- (a) conserves remnant vegetation that is— (i) an endangered regional ecosystem; or (ii) an of concern regional ecosystem; or (iii) a least concern regional ecosystem; and\n- (i) an endangered regional ecosystem; or\n- (ii) an of concern regional ecosystem; or\n- (iii) a least concern regional ecosystem; and\n- (b) conserves vegetation in declared areas; and\n- (c) ensures the clearing does not cause land degradation; and\n- (d) prevents the loss of biodiversity; and\n- (e) maintains ecological processes; and\n- (f) manages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e) ; and\n- (g) reduces greenhouse gas emissions; and\n- (h) allows for sustainable land use.\n- (i) an endangered regional ecosystem; or\n- (ii) an of concern regional ecosystem; or\n- (iii) a least concern regional ecosystem; and\n- (a) the following matters— (i) assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive; (ii) for the Planning Act , the matters a referral agency other than the planning chief executive— (A) must or may assess a development application against; or (B) must or may assess a development application having regard to; and\n- (i) assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive;\n- (ii) for the Planning Act , the matters a referral agency other than the planning chief executive— (A) must or may assess a development application against; or (B) must or may assess a development application having regard to; and\n- (A) must or may assess a development application against; or\n- (B) must or may assess a development application having regard to; and\n- (b) the enforcement of vegetation clearing provisions; and\n- (c) declared areas; and\n- (d) a framework for decision making that, in achieving this Act’s purpose in relation to subsection (1) (a) to (e) , applies the precautionary principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage; and\n- (e) the regulation of particular regrowth vegetation.\n- (i) assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive;\n- (ii) for the Planning Act , the matters a referral agency other than the planning chief executive— (A) must or may assess a development application against; or (B) must or may assess a development application having regard to; and\n- (A) must or may assess a development application against; or\n- (B) must or may assess a development application having regard to; and\n- (A) must or may assess a development application against; or\n- (B) must or may assess a development application having regard to; and\n- (a) ecosystems and their constituent parts including people and communities; and\n- (b) all natural and physical resources; and\n- (c) those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and\n- (d) the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Advancing the Act ’s purpose","content":"### sec.4 Advancing the Act ’s purpose\n\nIf, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the purpose of this Act.\ns 4 amd 2004 No. 1 s 44 (1) sch 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of Act","content":"### sec.7 Application of Act\n\nThis Act applies to all clearing of vegetation other than vegetation on—\na forest reserve under the Nature Conservation Act 1992 ; or\nany of the following protected areas under the Nature Conservation Act 1992 —\na national park (scientific);\na national park;\na national park (Aboriginal land);\na national park (Torres Strait Islander land);\na national park (Cape York Peninsula Aboriginal land);\na conservation park;\na resources reserve;\na special wildlife reserve; or\nan area declared as a State forest or timber reserve under the Forestry Act 1959 ; or\na forest entitlement area under the Land Act 1994 .\nThis Act does not prevent a local law from imposing requirements on the clearing of vegetation in its local government area.\nThe requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009 , section 27 .\nThe Local Government Act 2009 , section 27 is subject to subsection (3) .\nThis Act does not prevent a local planning instrument under the Planning Act from imposing requirements on the clearing of vegetation in its local government area.\ns 7 amd 2000 No. 35 s 4 ; 2003 No. 10 s 76 sch ; 2004 No. 1 s 7 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 12 s 236 ; 2009 No. 17 s 331 sch 1 ; 2013 No. 55 s 163 ; 2016 No. 22 s 48 sch 1 ; 2016 No. 27 s 612 ; 2019 No. 8 s 63\n(sec.7-ssec.1) This Act applies to all clearing of vegetation other than vegetation on— a forest reserve under the Nature Conservation Act 1992 ; or any of the following protected areas under the Nature Conservation Act 1992 — a national park (scientific); a national park; a national park (Aboriginal land); a national park (Torres Strait Islander land); a national park (Cape York Peninsula Aboriginal land); a conservation park; a resources reserve; a special wildlife reserve; or an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or a forest entitlement area under the Land Act 1994 .\n(sec.7-ssec.2) This Act does not prevent a local law from imposing requirements on the clearing of vegetation in its local government area.\n(sec.7-ssec.3) The requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009 , section 27 .\n(sec.7-ssec.4) The Local Government Act 2009 , section 27 is subject to subsection (3) .\n(sec.7-ssec.5) This Act does not prevent a local planning instrument under the Planning Act from imposing requirements on the clearing of vegetation in its local government area.\n- (a) a forest reserve under the Nature Conservation Act 1992 ; or\n- (b) any of the following protected areas under the Nature Conservation Act 1992 — (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); (vi) a conservation park; (vii) a resources reserve; (viii) a special wildlife reserve; or\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a resources reserve;\n- (viii) a special wildlife reserve; or\n- (c) an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or\n- (d) a forest entitlement area under the Land Act 1994 .\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a resources reserve;\n- (viii) a special wildlife reserve; or","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Vegetation management","content":"# Vegetation management","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Key concepts","content":"## Key concepts","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is vegetation","content":"### sec.8 What is vegetation\n\nVegetation is a native tree or plant other than the following—\ngrass or non-woody herbage;\na plant within a grassland regional ecosystem identified in the VM REDD as having a grassland structure;\na mangrove.\ns 8 sub 2004 No. 1 s 8\namd 2023 No. 2 s 94\n- (a) grass or non-woody herbage;\n- (b) a plant within a grassland regional ecosystem identified in the VM REDD as having a grassland structure;\n- (c) a mangrove.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is vegetation management","content":"### sec.9 What is vegetation management\n\nVegetation management is the management of vegetation in a way that achieves the purpose of this Act.\nFor subsection (1) , the management of vegetation may include, for example, the following—\nthe retention or maintenance of vegetation to—\navoid land degradation; or\nmaintain or increase biodiversity; or\nmaintain ecological processes;\nthe retention of riparian vegetation;\nthe retention of vegetation clumps or corridors.\ns 9 amd 2004 No. 1 s 44 (1) sch 1\n(sec.9-ssec.1) Vegetation management is the management of vegetation in a way that achieves the purpose of this Act.\n(sec.9-ssec.2) For subsection (1) , the management of vegetation may include, for example, the following— the retention or maintenance of vegetation to— avoid land degradation; or maintain or increase biodiversity; or maintain ecological processes; the retention of riparian vegetation; the retention of vegetation clumps or corridors.\n- (a) the retention or maintenance of vegetation to— (i) avoid land degradation; or (ii) maintain or increase biodiversity; or (iii) maintain ecological processes;\n- (i) avoid land degradation; or\n- (ii) maintain or increase biodiversity; or\n- (iii) maintain ecological processes;\n- (b) the retention of riparian vegetation;\n- (c) the retention of vegetation clumps or corridors.\n- (i) avoid land degradation; or\n- (ii) maintain or increase biodiversity; or\n- (iii) maintain ecological processes;","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"State policy for vegetation management","content":"## State policy for vegetation management","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"State policy for vegetation management","content":"### sec.10 State policy for vegetation management\n\nThe Minister must prepare a policy for vegetation management for the State.\nWithout limiting subsection (1) , the policy must state—\noutcomes for vegetation management and actions proposed to achieve the outcomes; and\nspecial considerations for significant community projects.\nThe Governor in Council, by gazette notice, may approve the policy.\nThe policy is not subordinate legislation.\nIn this section—\nsignificant community projects means projects the chief executive considers have an aesthetic, conservation, cultural or economic benefit to a local or regional community or the State, including—\na project that serves an essential need of the community; and\nessential infrastructure, school\na project that significantly improves the community’s access to services.\nhospital, State or local government library or museum\ns 10 amd 2004 No. 1 s 9 ; 2009 No. 43 s 5 (retro)\n(sec.10-ssec.1) The Minister must prepare a policy for vegetation management for the State.\n(sec.10-ssec.2) Without limiting subsection (1) , the policy must state— outcomes for vegetation management and actions proposed to achieve the outcomes; and special considerations for significant community projects.\n(sec.10-ssec.3) The Governor in Council, by gazette notice, may approve the policy.\n(sec.10-ssec.4) The policy is not subordinate legislation.\n(sec.10-ssec.5) In this section— significant community projects means projects the chief executive considers have an aesthetic, conservation, cultural or economic benefit to a local or regional community or the State, including— a project that serves an essential need of the community; and essential infrastructure, school a project that significantly improves the community’s access to services. hospital, State or local government library or museum\n- (a) outcomes for vegetation management and actions proposed to achieve the outcomes; and\n- (b) special considerations for significant community projects.\n- (a) a project that serves an essential need of the community; and Examples— essential infrastructure, school\n- (b) a project that significantly improves the community’s access to services. Examples— hospital, State or local government library or museum","sortOrder":13},{"sectionNumber":"pt.2-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":14},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 2009 No. 43 s 6 (retro)\nom 2016 No. 27 s 613","sortOrder":15},{"sectionNumber":"sec.10B","sectionType":"section","heading":null,"content":"### Section sec.10B\n\ns 10B ins 2009 No. 43 s 6 (retro)\nom 2016 No. 27 s 613","sortOrder":16},{"sectionNumber":"sec.10C","sectionType":"section","heading":null,"content":"### Section sec.10C\n\ns 10C ins 2009 No. 43 s 6 (retro)\nom 2014 No. 33 s 144","sortOrder":17},{"sectionNumber":"sec.10D","sectionType":"section","heading":null,"content":"### Section sec.10D\n\ns 10D ins 2009 No. 43 s 6 (retro)\nom 2014 No. 33 s 144","sortOrder":18},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 sub 2004 No. 1 s 10\namd 2009 No. 43 ss 7 (retro), 63 sch (amdt could not be given effect); 2010 No. 52 s 44 ; 2013 No. 23 s 223 ; 2013 No. 24 s 5\nom 2016 No. 27 s 613","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 sub 2004 No. 1 s 10\namd 2009 No. 43 s 8 (retro)\nom 2016 No. 27 s 613","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 amd 2000 No. 35 s 5\nsub 2004 No. 1 s 10\namd 2009 No. 43 s 9 (retro)\nom 2016 No. 27 s 613","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 sub 2004 No. 1 s 10 ; 2009 No. 43 s 10 (retro)\nom 2016 No. 27 s 613","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 sub 2004 No. 1 s 10\namd 2009 No. 43 s 11 (retro)\nom 2016 No. 27 s 613","sortOrder":24},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Declaration of particular areas","content":"## Declaration of particular areas","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Preparing declaration","content":"### sec.16 Preparing declaration\n\nThe Minister may prepare a declaration that a stated area is—\nan area of high nature conservation value; or\nan area vulnerable to land degradation.\nAlso, a person may request the Minister to prepare a declaration mentioned in subsection (1) .\nThe proposed declaration must include—\nproposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and\nproposed matters that a referral agency must or may assess a development application against, or having regard to.\nThe Minister must consult with the following entities in preparing the declaration—\nan advisory committee established to advise the Minister about vegetation management;\neach local government whose area is affected by the declaration.\nThe Minister must give each owner of land that is in the stated area a written notice inviting the owner to make a submission about the proposed declaration.\nThe Minister must also give notice of the proposed declaration.\nThe notice must—\nbe published—\non the department’s website; and\nin any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and\nstate the places where copies of the proposed declaration may be inspected; and\ninvite submissions on the proposed declaration; and\nstate a day by which submissions may be made on the proposed declaration.\ns 16 amd 2000 No. 35 s 6\nsub 2004 No. 1 s 11\namd 2005 No. 42 s 52 sch 1 ; 2013 No. 24 s 6 ; 2016 No. 27 s 614 ; 2023 No. 2 s 95\n(sec.16-ssec.1) The Minister may prepare a declaration that a stated area is— an area of high nature conservation value; or an area vulnerable to land degradation.\n(sec.16-ssec.2) Also, a person may request the Minister to prepare a declaration mentioned in subsection (1) .\n(sec.16-ssec.3) The proposed declaration must include— proposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and proposed matters that a referral agency must or may assess a development application against, or having regard to.\n(sec.16-ssec.4) The Minister must consult with the following entities in preparing the declaration— an advisory committee established to advise the Minister about vegetation management; each local government whose area is affected by the declaration.\n(sec.16-ssec.5) The Minister must give each owner of land that is in the stated area a written notice inviting the owner to make a submission about the proposed declaration.\n(sec.16-ssec.6) The Minister must also give notice of the proposed declaration.\n(sec.16-ssec.7) The notice must— be published— on the department’s website; and in any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and state the places where copies of the proposed declaration may be inspected; and invite submissions on the proposed declaration; and state a day by which submissions may be made on the proposed declaration.\n- (a) an area of high nature conservation value; or\n- (b) an area vulnerable to land degradation.\n- (a) proposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and\n- (b) proposed matters that a referral agency must or may assess a development application against, or having regard to.\n- (a) an advisory committee established to advise the Minister about vegetation management;\n- (b) each local government whose area is affected by the declaration.\n- (a) be published— (i) on the department’s website; and (ii) in any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and\n- (i) on the department’s website; and\n- (ii) in any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and\n- (b) state the places where copies of the proposed declaration may be inspected; and\n- (c) invite submissions on the proposed declaration; and\n- (d) state a day by which submissions may be made on the proposed declaration.\n- (i) on the department’s website; and\n- (ii) in any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Making declaration","content":"### sec.17 Making declaration\n\nThe Governor in Council, by gazette notice, may declare—\nan area mentioned in section 16 (1) (a) to be an area of high nature conservation value; or\nan area mentioned in section 16 (1) (b) to be an area vulnerable to land degradation.\nThe declaration must not include the matters proposed under section 16 (3) (a) and (b) .\nThe declaration is not subordinate legislation.\ns 17 amd 2000 No. 35 s 7 ; 2004 No. 1 ss 12 , 44 (1) sch 1 ; 2005 No. 42 s 52 sch 1 ; 2009 No. 43 s 12 (retro); 2010 No. 53 s 178 ; 2013 No. 24 s 8 ; 2016 No. 27 s 615\n(sec.17-ssec.1) The Governor in Council, by gazette notice, may declare— an area mentioned in section 16 (1) (a) to be an area of high nature conservation value; or an area mentioned in section 16 (1) (b) to be an area vulnerable to land degradation.\n(sec.17-ssec.2) The declaration must not include the matters proposed under section 16 (3) (a) and (b) .\n(sec.17-ssec.3) The declaration is not subordinate legislation.\n- (a) an area mentioned in section 16 (1) (a) to be an area of high nature conservation value; or\n- (b) an area mentioned in section 16 (1) (b) to be an area vulnerable to land degradation.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Interim declaration","content":"### sec.18 Interim declaration\n\nThe Minister, by gazette notice, may make an interim declaration that a stated area is—\nan area of high nature conservation value; or\nan area vulnerable to land degradation.\nThe Minister may make the interim declaration only if the Minister considers that urgent action is needed to protect the area.\nThe interim declaration must state it is an interim declaration and the date, not more than 3 months after it is made, on which it expires.\nThe interim declaration is not subordinate legislation.\nIf an area is declared under subsection (1) , a person must not clear vegetation in the area while the declaration has effect.\nMaximum penalty—1,665 penalty units.\ns 18 amd 2000 No. 35 s 8\n(sec.18-ssec.1) The Minister, by gazette notice, may make an interim declaration that a stated area is— an area of high nature conservation value; or an area vulnerable to land degradation.\n(sec.18-ssec.2) The Minister may make the interim declaration only if the Minister considers that urgent action is needed to protect the area.\n(sec.18-ssec.3) The interim declaration must state it is an interim declaration and the date, not more than 3 months after it is made, on which it expires.\n(sec.18-ssec.4) The interim declaration is not subordinate legislation.\n(sec.18-ssec.5) If an area is declared under subsection (1) , a person must not clear vegetation in the area while the declaration has effect. Maximum penalty—1,665 penalty units.\n- (a) an area of high nature conservation value; or\n- (b) an area vulnerable to land degradation.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Criteria for declarations","content":"### sec.19 Criteria for declarations\n\nThe Minister may make an interim declaration of, or prepare a declaration of, an area to be an area of high nature conservation value only if the Minister considers the area is 1 or more of the following—\na wildlife refugium;\na centre of endemism;\nan area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;\nan area that makes a significant contribution to the conservation of biodiversity;\nan area that contributes to the conservation value of a wetland, lake or spring stated in the notice.\nThe Minister may make an interim declaration of, or prepare a declaration of, an area to be an area vulnerable to land degradation only if the Minister considers the area is subject to 1 or more of the following—\nsoil erosion;\nrising water tables;\nthe expression of salinity, whether inside or outside the area;\nmass movement by gravity of soil or rock;\nstream bank instability;\na process that results in declining water quality.\nAn area declared under subsection (1) or (2) may include an area of regrowth vegetation.\ns 19 amd 2000 No. 35 s 9 ; 2004 No. 1 s 13 ; 2009 No. 43 s 63 sch\n(sec.19-ssec.1) The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area of high nature conservation value only if the Minister considers the area is 1 or more of the following— a wildlife refugium; a centre of endemism; an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity; an area that makes a significant contribution to the conservation of biodiversity; an area that contributes to the conservation value of a wetland, lake or spring stated in the notice.\n(sec.19-ssec.2) The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area vulnerable to land degradation only if the Minister considers the area is subject to 1 or more of the following— soil erosion; rising water tables; the expression of salinity, whether inside or outside the area; mass movement by gravity of soil or rock; stream bank instability; a process that results in declining water quality.\n(sec.19-ssec.3) An area declared under subsection (1) or (2) may include an area of regrowth vegetation.\n- (a) a wildlife refugium;\n- (b) a centre of endemism;\n- (c) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;\n- (d) an area that makes a significant contribution to the conservation of biodiversity;\n- (e) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice.\n- (a) soil erosion;\n- (b) rising water tables;\n- (c) the expression of salinity, whether inside or outside the area;\n- (d) mass movement by gravity of soil or rock;\n- (e) stream bank instability;\n- (f) a process that results in declining water quality.","sortOrder":29},{"sectionNumber":"sec.19A","sectionType":"section","heading":null,"content":"### Section sec.19A\n\ns 19A ins 2005 No. 42 s 52 sch 1\nom 2016 No. 27 s 616","sortOrder":30},{"sectionNumber":"sec.19B","sectionType":"section","heading":null,"content":"### Section sec.19B\n\ns 19B ins 2005 No. 42 s 52 sch 1\namd 2009 No. 43 s 13 (retro)\nom 2016 No. 27 s 616","sortOrder":31},{"sectionNumber":"sec.19C","sectionType":"section","heading":null,"content":"### Section sec.19C\n\ns 19C ins 2005 No. 42 s 52 sch 1\nom 2016 No. 27 s 616","sortOrder":32},{"sectionNumber":"sec.19D","sectionType":"section","heading":null,"content":"### Section sec.19D\n\ns 19D ins 2007 No. 8 s 21\nom 2013 No. 24 s 9","sortOrder":33},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Request for declaration","content":"### sec.19E Request for declaration\n\nThe owner of land (the proponent ) may, by written notice given to the chief executive, ask the chief executive to declare that a stated area of the land is—\nan area of high nature conservation value; or\nan area vulnerable to land degradation.\nThe notice must be accompanied by a management plan for the stated area.\nThe management plan must—\nbe signed by the proponent; and\ninclude enough information to allow the chief executive to map the boundary of the stated area; and\nstate the proponent’s management intent, and management outcomes proposed by the proponent, for the conservation of the high nature conservation value of the area or the prevention of land degradation in the area; and\nstate the activities the proponent intends to carry out, or refrain from carrying out, to achieve the management outcomes mentioned in paragraph (c) ; and\nstate the restrictions, if any, to be imposed on the use of, or access to, the area by other persons to achieve the management outcomes mentioned in paragraph (c) .\nSubsection (3) does not limit the matters the management plan may contain.\ns 19E ins 2007 No. 19 s 220\n(sec.19E-ssec.1) The owner of land (the proponent ) may, by written notice given to the chief executive, ask the chief executive to declare that a stated area of the land is— an area of high nature conservation value; or an area vulnerable to land degradation.\n(sec.19E-ssec.2) The notice must be accompanied by a management plan for the stated area.\n(sec.19E-ssec.3) The management plan must— be signed by the proponent; and include enough information to allow the chief executive to map the boundary of the stated area; and state the proponent’s management intent, and management outcomes proposed by the proponent, for the conservation of the high nature conservation value of the area or the prevention of land degradation in the area; and state the activities the proponent intends to carry out, or refrain from carrying out, to achieve the management outcomes mentioned in paragraph (c) ; and state the restrictions, if any, to be imposed on the use of, or access to, the area by other persons to achieve the management outcomes mentioned in paragraph (c) .\n(sec.19E-ssec.4) Subsection (3) does not limit the matters the management plan may contain.\n- (a) an area of high nature conservation value; or\n- (b) an area vulnerable to land degradation.\n- (a) be signed by the proponent; and\n- (b) include enough information to allow the chief executive to map the boundary of the stated area; and\n- (c) state the proponent’s management intent, and management outcomes proposed by the proponent, for the conservation of the high nature conservation value of the area or the prevention of land degradation in the area; and\n- (d) state the activities the proponent intends to carry out, or refrain from carrying out, to achieve the management outcomes mentioned in paragraph (c) ; and\n- (e) state the restrictions, if any, to be imposed on the use of, or access to, the area by other persons to achieve the management outcomes mentioned in paragraph (c) .","sortOrder":34},{"sectionNumber":"sec.19F","sectionType":"section","heading":"Making declaration","content":"### sec.19F Making declaration\n\nThe chief executive may, by written notice given to the proponent, declare that the stated area is—\nan area of high nature conservation value; or\nan area vulnerable to land degradation.\nIf a person other than the proponent has a registered interest in the stated area the chief executive must not make the declaration without the person’s written consent.\nWithout limiting subsection (1) , the chief executive may decide not to make a declaration for the stated area if the chief executive considers the making of the declaration is not in the interests of the State, having regard to the public interest.\nIn this section—\nregistered means registered under the Land Act 1994 or Land Title Act 1994 .\ns 19F ins 2007 No. 19 s 220\namd 2016 No. 27 s 617\n(sec.19F-ssec.1) The chief executive may, by written notice given to the proponent, declare that the stated area is— an area of high nature conservation value; or an area vulnerable to land degradation.\n(sec.19F-ssec.2) If a person other than the proponent has a registered interest in the stated area the chief executive must not make the declaration without the person’s written consent.\n(sec.19F-ssec.3) Without limiting subsection (1) , the chief executive may decide not to make a declaration for the stated area if the chief executive considers the making of the declaration is not in the interests of the State, having regard to the public interest.\n(sec.19F-ssec.4) In this section— registered means registered under the Land Act 1994 or Land Title Act 1994 .\n- (a) an area of high nature conservation value; or\n- (b) an area vulnerable to land degradation.","sortOrder":35},{"sectionNumber":"sec.19G","sectionType":"section","heading":"Particular criteria for declaration","content":"### sec.19G Particular criteria for declaration\n\nThe chief executive may declare an area to be an area of high nature conservation value only if the chief executive considers—\nimplementation of the management plan for the area will help to conserve its high nature conservation value; and\nthe area is 1 or more of the following—\na wildlife refugium;\na centre of endemism;\nan area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;\nan area that makes a significant contribution to the conservation of biodiversity;\nan area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F (1) for the declaration;\nanother area that contributes to the conservation of the environment.\nThe chief executive may declare an area to be an area vulnerable to land degradation only if the chief executive considers—\nimplementation of the management plan for the area will help to prevent or minimise land degradation in the area; and\nthe area is subject to 1 or more of the following—\nsoil erosion;\nrising water tables;\nthe expression of salinity, whether inside or outside the area;\nmass movement by gravity of soil or rock;\nstream bank instability;\na process that results in declining water quality.\nAn area declared under this subdivision may include an area of regrowth vegetation.\ns 19G ins 2007 No. 19 s 220\n(sec.19G-ssec.1) The chief executive may declare an area to be an area of high nature conservation value only if the chief executive considers— implementation of the management plan for the area will help to conserve its high nature conservation value; and the area is 1 or more of the following— a wildlife refugium; a centre of endemism; an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity; an area that makes a significant contribution to the conservation of biodiversity; an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F (1) for the declaration; another area that contributes to the conservation of the environment.\n(sec.19G-ssec.2) The chief executive may declare an area to be an area vulnerable to land degradation only if the chief executive considers— implementation of the management plan for the area will help to prevent or minimise land degradation in the area; and the area is subject to 1 or more of the following— soil erosion; rising water tables; the expression of salinity, whether inside or outside the area; mass movement by gravity of soil or rock; stream bank instability; a process that results in declining water quality.\n(sec.19G-ssec.3) An area declared under this subdivision may include an area of regrowth vegetation.\n- (a) implementation of the management plan for the area will help to conserve its high nature conservation value; and\n- (b) the area is 1 or more of the following— (i) a wildlife refugium; (ii) a centre of endemism; (iii) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity; (iv) an area that makes a significant contribution to the conservation of biodiversity; (v) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F (1) for the declaration; (vi) another area that contributes to the conservation of the environment.\n- (i) a wildlife refugium;\n- (ii) a centre of endemism;\n- (iii) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;\n- (iv) an area that makes a significant contribution to the conservation of biodiversity;\n- (v) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F (1) for the declaration;\n- (vi) another area that contributes to the conservation of the environment.\n- (i) a wildlife refugium;\n- (ii) a centre of endemism;\n- (iii) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;\n- (iv) an area that makes a significant contribution to the conservation of biodiversity;\n- (v) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F (1) for the declaration;\n- (vi) another area that contributes to the conservation of the environment.\n- (a) implementation of the management plan for the area will help to prevent or minimise land degradation in the area; and\n- (b) the area is subject to 1 or more of the following— (i) soil erosion; (ii) rising water tables; (iii) the expression of salinity, whether inside or outside the area; (iv) mass movement by gravity of soil or rock; (v) stream bank instability; (vi) a process that results in declining water quality.\n- (i) soil erosion;\n- (ii) rising water tables;\n- (iii) the expression of salinity, whether inside or outside the area;\n- (iv) mass movement by gravity of soil or rock;\n- (v) stream bank instability;\n- (vi) a process that results in declining water quality.\n- (i) soil erosion;\n- (ii) rising water tables;\n- (iii) the expression of salinity, whether inside or outside the area;\n- (iv) mass movement by gravity of soil or rock;\n- (v) stream bank instability;\n- (vi) a process that results in declining water quality.","sortOrder":36},{"sectionNumber":"sec.19H","sectionType":"section","heading":null,"content":"### Section sec.19H\n\ns 19H ins 2007 No. 19 s 220\nom 2016 No. 27 s 618","sortOrder":37},{"sectionNumber":"sec.19I","sectionType":"section","heading":"Amendment of management plan","content":"### sec.19I Amendment of management plan\n\nThe chief executive may, with the agreement of the owner of the land the subject of a management plan, amend the plan.\ns 19I ins 2007 No. 19 s 220","sortOrder":38},{"sectionNumber":"sec.19J","sectionType":"section","heading":"When management plan stops having effect","content":"### sec.19J When management plan stops having effect\n\nA management plan for a declared area has effect until the earlier of the following happens—\nthe plan ends under its terms;\nthe declaration of the area as a declared area ends under section 19L .\ns 19J ins 2007 No. 19 s 220\n- (a) the plan ends under its terms;\n- (b) the declaration of the area as a declared area ends under section 19L .","sortOrder":39},{"sectionNumber":"sec.19K","sectionType":"section","heading":"Recording of declared areas and management plans","content":"### sec.19K Recording of declared areas and management plans\n\nAs soon as practicable after declaring an area to be a declared area, the chief executive must give the registrar of titles written notice of—\nthe declaration; and\nthe management plan for the declared area.\nThe notice must include particulars of the land the subject of the declaration.\nThe registrar must keep records that—\nshow the land is a declared area; and\nstate the places where particulars of the management plan may be inspected.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show—\nthe declaration has been made; and\nthe existence of the management plan.\nAs soon as practicable after a declaration ends or a management plan for the land the subject of a declaration stops having effect—\nthe chief executive must give the registrar written notice of the fact; and\nthe registrar must remove the particulars of the declaration or management plan from the registrar’s records.\nWhile a management plan has effect for the land and is recorded by the registrar under this section, the plan is binding on—\neach person who is from time to time the owner of the land, whether or not the person signed the plan or agreed to any amendment of the plan; and\neach person who has an interest in the land.\ns 19K ins 2007 No. 19 s 220\n(sec.19K-ssec.1) As soon as practicable after declaring an area to be a declared area, the chief executive must give the registrar of titles written notice of— the declaration; and the management plan for the declared area.\n(sec.19K-ssec.2) The notice must include particulars of the land the subject of the declaration.\n(sec.19K-ssec.3) The registrar must keep records that— show the land is a declared area; and state the places where particulars of the management plan may be inspected.\n(sec.19K-ssec.4) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show— the declaration has been made; and the existence of the management plan.\n(sec.19K-ssec.5) As soon as practicable after a declaration ends or a management plan for the land the subject of a declaration stops having effect— the chief executive must give the registrar written notice of the fact; and the registrar must remove the particulars of the declaration or management plan from the registrar’s records.\n(sec.19K-ssec.6) While a management plan has effect for the land and is recorded by the registrar under this section, the plan is binding on— each person who is from time to time the owner of the land, whether or not the person signed the plan or agreed to any amendment of the plan; and each person who has an interest in the land.\n- (a) the declaration; and\n- (b) the management plan for the declared area.\n- (a) show the land is a declared area; and\n- (b) state the places where particulars of the management plan may be inspected.\n- (a) the declaration has been made; and\n- (b) the existence of the management plan.\n- (a) the chief executive must give the registrar written notice of the fact; and\n- (b) the registrar must remove the particulars of the declaration or management plan from the registrar’s records.\n- (a) each person who is from time to time the owner of the land, whether or not the person signed the plan or agreed to any amendment of the plan; and\n- (b) each person who has an interest in the land.","sortOrder":40},{"sectionNumber":"sec.19L","sectionType":"section","heading":"Ending declaration","content":"### sec.19L Ending declaration\n\nThe chief executive may, by written notice given to the owner of the land the subject of a declaration under this subdivision, end the declaration if the chief executive considers—\nthe declaration is not in the interests of the State, having regard to the public interest; or\nthe management outcomes mentioned in section 19E (3) (c) for the management plan relevant to the declaration have been achieved.\nAlso, the chief executive may, by notice given to the owner of land declared as an area of high conservation value, end the declaration if—\nthe area is, on or after the commencement of this subsection, a legally secured offset area; and\na prescribed activity is, under an authority under another Act, to be carried out in or on the area; and\nthe holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area.\nIn this section—\nagreed delivery arrangement see the Environmental Offsets Act 2014 , schedule 2 .\nauthority , under another Act, see the Environmental Offsets Act 2014 , schedule 2 .\nenvironmental offset see the Environmental Offsets Act 2014 , schedule 2 .\nlegally secured offset area see the Environmental Offsets Act 2014 , schedule 2 .\nprescribed activity see the Environmental Offsets Act 2014 , schedule 2 .\ns 19L ins 2007 No. 19 s 220\namd 2014 No. 33 s 145\n(sec.19L-ssec.1) The chief executive may, by written notice given to the owner of the land the subject of a declaration under this subdivision, end the declaration if the chief executive considers— the declaration is not in the interests of the State, having regard to the public interest; or the management outcomes mentioned in section 19E (3) (c) for the management plan relevant to the declaration have been achieved.\n(sec.19L-ssec.2) Also, the chief executive may, by notice given to the owner of land declared as an area of high conservation value, end the declaration if— the area is, on or after the commencement of this subsection, a legally secured offset area; and a prescribed activity is, under an authority under another Act, to be carried out in or on the area; and the holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area.\n(sec.19L-ssec.3) In this section— agreed delivery arrangement see the Environmental Offsets Act 2014 , schedule 2 . authority , under another Act, see the Environmental Offsets Act 2014 , schedule 2 . environmental offset see the Environmental Offsets Act 2014 , schedule 2 . legally secured offset area see the Environmental Offsets Act 2014 , schedule 2 . prescribed activity see the Environmental Offsets Act 2014 , schedule 2 .\n- (a) the declaration is not in the interests of the State, having regard to the public interest; or\n- (b) the management outcomes mentioned in section 19E (3) (c) for the management plan relevant to the declaration have been achieved.\n- (a) the area is, on or after the commencement of this subsection, a legally secured offset area; and\n- (b) a prescribed activity is, under an authority under another Act, to be carried out in or on the area; and\n- (c) the holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area.","sortOrder":41},{"sectionNumber":"sec.19M","sectionType":"section","heading":null,"content":"### Section sec.19M\n\ns 19M ins 2007 No. 19 s 220\nom 2009 No. 43 s 14 (retro)","sortOrder":42},{"sectionNumber":"pt.2-div.4A","sectionType":"division","heading":"Clearing vegetation for special indigenous purpose","content":"## Clearing vegetation for special indigenous purpose","sortOrder":43},{"sectionNumber":"sec.19N","sectionType":"section","heading":"Draft matters for assessing development application for clearing of vegetation for special indigenous purpose","content":"### sec.19N Draft matters for assessing development application for clearing of vegetation for special indigenous purpose\n\nThe Minister may prepare a document stating draft assessment matters for development that—\ninvolves, or relates to, the clearing of vegetation; and\nthe Minister is satisfied is for a special indigenous purpose under the CYPH Act .\nIn preparing the document, the Minister—\nmust consult with—\nthe relevant landholders; and\nthe Cape York Peninsula Regional Advisory Committee; and\nmay, for example, consider any matter stated in the CYPH Act , section 18 or 19 the Minister considers is relevant to the clearing of vegetation for development.\nIn preparing assessment matters under the Planning Act , the document may be considered, but otherwise does not affect the preparation or making of assessment matters under that Act.\nIn this section—\nassessment matters means—\nassessment benchmarks for assessing development under the Planning Act ; and\nthe matters a referral agency must or may assess a development application against, or having regard to.\nCape York Peninsula Region means the Cape York Peninsula Region under the CYPH Act .\nCape York Peninsula Regional Advisory Committee means the Cape York Peninsula Regional Advisory Committee established under the CYPH Act .\nDOGIT land means DOGIT land under the Aboriginal Land Act 1991 .\nrelevant landholders means—\nthe land trusts for Aboriginal land, under the Aboriginal Land Act 1991 , that is in the Cape York Peninsula Region; and\nthe Aurukun Shire Council; and\nthe trustees, under the Land Act 1994 , of DOGIT land in the Cape York Peninsula Region.\ns 19N ins 2007 No. 48 s 57\nsub 2016 No. 27 s 620\n(sec.19N-ssec.1) The Minister may prepare a document stating draft assessment matters for development that— involves, or relates to, the clearing of vegetation; and the Minister is satisfied is for a special indigenous purpose under the CYPH Act .\n(sec.19N-ssec.2) In preparing the document, the Minister— must consult with— the relevant landholders; and the Cape York Peninsula Regional Advisory Committee; and may, for example, consider any matter stated in the CYPH Act , section 18 or 19 the Minister considers is relevant to the clearing of vegetation for development.\n(sec.19N-ssec.3) In preparing assessment matters under the Planning Act , the document may be considered, but otherwise does not affect the preparation or making of assessment matters under that Act.\n(sec.19N-ssec.4) In this section— assessment matters means— assessment benchmarks for assessing development under the Planning Act ; and the matters a referral agency must or may assess a development application against, or having regard to. Cape York Peninsula Region means the Cape York Peninsula Region under the CYPH Act . Cape York Peninsula Regional Advisory Committee means the Cape York Peninsula Regional Advisory Committee established under the CYPH Act . DOGIT land means DOGIT land under the Aboriginal Land Act 1991 . relevant landholders means— the land trusts for Aboriginal land, under the Aboriginal Land Act 1991 , that is in the Cape York Peninsula Region; and the Aurukun Shire Council; and the trustees, under the Land Act 1994 , of DOGIT land in the Cape York Peninsula Region.\n- (a) involves, or relates to, the clearing of vegetation; and\n- (b) the Minister is satisfied is for a special indigenous purpose under the CYPH Act .\n- (a) must consult with— (i) the relevant landholders; and (ii) the Cape York Peninsula Regional Advisory Committee; and\n- (i) the relevant landholders; and\n- (ii) the Cape York Peninsula Regional Advisory Committee; and\n- (b) may, for example, consider any matter stated in the CYPH Act , section 18 or 19 the Minister considers is relevant to the clearing of vegetation for development.\n- (i) the relevant landholders; and\n- (ii) the Cape York Peninsula Regional Advisory Committee; and\n- (a) assessment benchmarks for assessing development under the Planning Act ; and\n- (b) the matters a referral agency must or may assess a development application against, or having regard to.\n- (a) the land trusts for Aboriginal land, under the Aboriginal Land Act 1991 , that is in the Cape York Peninsula Region; and\n- (b) the Aurukun Shire Council; and\n- (c) the trustees, under the Land Act 1994 , of DOGIT land in the Cape York Peninsula Region.","sortOrder":44},{"sectionNumber":"pt.2-div.4B","sectionType":"division","heading":"Accepted development","content":"## Accepted development","sortOrder":45},{"sectionNumber":"sec.19O","sectionType":"section","heading":"Accepted development vegetation clearing code","content":"### sec.19O Accepted development vegetation clearing code\n\nThe Minister may make a code (an accepted development vegetation clearing code ) for—\nclearing of vegetation, including for the following—\nan extractive industry;\nrelevant infrastructure activities;\nenvironmental activities, including necessary environmental clearing;\nsustainable land use, including fodder harvesting; or\nconducting a native forest practice.\nAlso, the Minister may make a code (also an accepted development vegetation clearing code ) for any other matter about clearing vegetation the Minister considers is necessary or desirable for achieving the purpose of this Act.\nAn accepted development vegetation clearing code may provide for all or any of the following—\nclearing for 1 or more relevant purposes under section 22A ;\nclearing that is subject to another code under this Act;\nclearing a particular area;\nclearing a particular type of vegetation;\nrequired outcomes and practices, and voluntary best practices, for clearing vegetation;\nrestrictions on clearing commercial timber on State land;\nthe protection of habitat for protected wildlife;\nthe circumstance in which an exchange area must be provided;\ngiving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code.\nAn accepted development vegetation clearing code must not be inconsistent with this Act or the State policy.\ns 19O ins 2009 No. 43 s 15 (retro)\nsub 2013 No. 24 s 11\namd 2016 No. 27 s 622 ; 2018 No. 7 s 4\n(sec.19O-ssec.1) The Minister may make a code (an accepted development vegetation clearing code ) for— clearing of vegetation, including for the following— an extractive industry; relevant infrastructure activities; environmental activities, including necessary environmental clearing; sustainable land use, including fodder harvesting; or conducting a native forest practice.\n(sec.19O-ssec.2) Also, the Minister may make a code (also an accepted development vegetation clearing code ) for any other matter about clearing vegetation the Minister considers is necessary or desirable for achieving the purpose of this Act.\n(sec.19O-ssec.3) An accepted development vegetation clearing code may provide for all or any of the following— clearing for 1 or more relevant purposes under section 22A ; clearing that is subject to another code under this Act; clearing a particular area; clearing a particular type of vegetation; required outcomes and practices, and voluntary best practices, for clearing vegetation; restrictions on clearing commercial timber on State land; the protection of habitat for protected wildlife; the circumstance in which an exchange area must be provided; giving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code.\n(sec.19O-ssec.4) An accepted development vegetation clearing code must not be inconsistent with this Act or the State policy.\n- (a) clearing of vegetation, including for the following— (i) an extractive industry; (ii) relevant infrastructure activities; (iii) environmental activities, including necessary environmental clearing; (iv) sustainable land use, including fodder harvesting; or\n- (i) an extractive industry;\n- (ii) relevant infrastructure activities;\n- (iii) environmental activities, including necessary environmental clearing;\n- (iv) sustainable land use, including fodder harvesting; or\n- (b) conducting a native forest practice.\n- (i) an extractive industry;\n- (ii) relevant infrastructure activities;\n- (iii) environmental activities, including necessary environmental clearing;\n- (iv) sustainable land use, including fodder harvesting; or\n- (a) clearing for 1 or more relevant purposes under section 22A ;\n- (b) clearing that is subject to another code under this Act;\n- (c) clearing a particular area;\n- (d) clearing a particular type of vegetation;\n- (e) required outcomes and practices, and voluntary best practices, for clearing vegetation;\n- (f) restrictions on clearing commercial timber on State land;\n- (g) the protection of habitat for protected wildlife;\n- (h) the circumstance in which an exchange area must be provided;\n- (i) giving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code.","sortOrder":46},{"sectionNumber":"sec.19P","sectionType":"section","heading":"When accepted development vegetation clearing code takes effect","content":"### sec.19P When accepted development vegetation clearing code takes effect\n\nAn accepted development vegetation clearing code does not take effect until it has been approved under a regulation.\ns 19P ins 2009 No. 43 s 15 (retro)\nsub 2013 No. 24 s 11\namd 2016 No. 27 s 623","sortOrder":47},{"sectionNumber":"sec.19Q","sectionType":"section","heading":"Code compliant clearing and conduct of native forest practices are accepted development for Planning Act","content":"### sec.19Q Code compliant clearing and conduct of native forest practices are accepted development for Planning Act\n\nThis section applies if an accepted development vegetation clearing code applies to the clearing of vegetation or the conduct of a native forest practice (the activity ).\nFor the Planning Act , the activity is accepted development only if and to the extent the activity complies with the code.\nUnder the Planning Act , the activity to the extent it does not comply with the code may be prohibited development or assessable development. See chapter 5 , part 2 of that Act in relation to offences applying to prohibited development and assessable development.\ns 19Q ins 2009 No. 43 s 15 (retro)\nsub 2013 No. 24 s 11\namd 2016 No. 27 s 624 ; 2018 No. 7 s 5 ; 2023 No. 2 s 96\n(sec.19Q-ssec.1) This section applies if an accepted development vegetation clearing code applies to the clearing of vegetation or the conduct of a native forest practice (the activity ).\n(sec.19Q-ssec.2) For the Planning Act , the activity is accepted development only if and to the extent the activity complies with the code. Under the Planning Act , the activity to the extent it does not comply with the code may be prohibited development or assessable development. See chapter 5 , part 2 of that Act in relation to offences applying to prohibited development and assessable development.","sortOrder":48},{"sectionNumber":"sec.19R","sectionType":"section","heading":"Register of accepted development notices given under code","content":"### sec.19R Register of accepted development notices given under code\n\nThe chief executive must keep a register of notices required to be given to the chief executive under an accepted development vegetation clearing code.\nThe register must include details of each notice the chief executive considers appropriate.\nThe publicly available part of the register must not contain the name of the person giving the notice.\nThe chief executive must publish the real property description of the land the subject of the notification in the publicly available part of the register on the department’s website.\ns 19R ins 2009 No. 43 s 15 (retro)\nsub 2013 No. 24 s 11\namd 2016 No. 27 s 625\n(sec.19R-ssec.1) The chief executive must keep a register of notices required to be given to the chief executive under an accepted development vegetation clearing code.\n(sec.19R-ssec.2) The register must include details of each notice the chief executive considers appropriate.\n(sec.19R-ssec.3) The publicly available part of the register must not contain the name of the person giving the notice.\n(sec.19R-ssec.4) The chief executive must publish the real property description of the land the subject of the notification in the publicly available part of the register on the department’s website.","sortOrder":49},{"sectionNumber":"sec.19S","sectionType":"section","heading":"When notice given under code ends","content":"### sec.19S When notice given under code ends\n\nThis section applies if the Minister revokes or replaces an accepted development vegetation clearing code.\nFor this Act and the Planning Act —\na notice for the intended clearing of vegetation or the conduct of a native forest practice (the activity ) given under the code ceases to have effect when the code is revoked or replaced; and\nthe activity can not continue to be carried out under that code or, if that code is replaced, the replacement code.\nHowever, if the Minister replaces an accepted development vegetation clearing code, subsection (2) does not apply to the extent the replacement code provides otherwise.\ns 19S prev s 19S ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11\npres s 19S ins 2018 No. 7 s 6 (retro)\n(sec.19S-ssec.1) This section applies if the Minister revokes or replaces an accepted development vegetation clearing code.\n(sec.19S-ssec.2) For this Act and the Planning Act — a notice for the intended clearing of vegetation or the conduct of a native forest practice (the activity ) given under the code ceases to have effect when the code is revoked or replaced; and the activity can not continue to be carried out under that code or, if that code is replaced, the replacement code.\n(sec.19S-ssec.3) However, if the Minister replaces an accepted development vegetation clearing code, subsection (2) does not apply to the extent the replacement code provides otherwise.\n- (a) a notice for the intended clearing of vegetation or the conduct of a native forest practice (the activity ) given under the code ceases to have effect when the code is revoked or replaced; and\n- (b) the activity can not continue to be carried out under that code or, if that code is replaced, the replacement code.","sortOrder":50},{"sectionNumber":"sec.19T","sectionType":"section","heading":null,"content":"### Section sec.19T\n\ns 19T ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":51},{"sectionNumber":"sec.19U","sectionType":"section","heading":null,"content":"### Section sec.19U\n\ns 19U ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":52},{"sectionNumber":"sec.19V","sectionType":"section","heading":null,"content":"### Section sec.19V\n\ns 19V ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":53},{"sectionNumber":"sec.19W","sectionType":"section","heading":null,"content":"### Section sec.19W\n\ns 19W ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":54},{"sectionNumber":"sec.19X","sectionType":"section","heading":null,"content":"### Section sec.19X\n\ns 19X ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":55},{"sectionNumber":"pt.2-div.4C","sectionType":"division","heading":null,"content":"","sortOrder":56},{"sectionNumber":"sec.19Y","sectionType":"section","heading":null,"content":"### Section sec.19Y\n\ns 19Y ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":57},{"sectionNumber":"sec.19Z","sectionType":"section","heading":null,"content":"### Section sec.19Z\n\ns 19Z ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":58},{"sectionNumber":"sec.19ZA","sectionType":"section","heading":null,"content":"### Section sec.19ZA\n\ns 19ZA ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":59},{"sectionNumber":"sec.19ZB","sectionType":"section","heading":null,"content":"### Section sec.19ZB\n\ns 19ZB ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":60},{"sectionNumber":"sec.19ZC","sectionType":"section","heading":null,"content":"### Section sec.19ZC\n\ns 19ZC ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":61},{"sectionNumber":"sec.19ZD","sectionType":"section","heading":null,"content":"### Section sec.19ZD\n\ns 19ZD ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":62},{"sectionNumber":"sec.19ZE","sectionType":"section","heading":null,"content":"### Section sec.19ZE\n\ns 19ZE ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":63},{"sectionNumber":"sec.19ZF","sectionType":"section","heading":null,"content":"### Section sec.19ZF\n\ns 19ZF ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":64},{"sectionNumber":"sec.19ZG","sectionType":"section","heading":null,"content":"### Section sec.19ZG\n\ns 19ZG ins 2009 No. 43 s 15 (retro)\nom 2013 No. 24 s 11","sortOrder":65},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":66},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 amd 2000 No. 35 s 10 ; 2002 No. 25 s 42\nsub 2004 No. 1 s 14\namd 2007 No. 48 s 58\nom 2016 No. 27 s 626","sortOrder":67},{"sectionNumber":"pt.2-div.5AA","sectionType":"division","heading":"Vegetation management maps","content":"## Vegetation management maps","sortOrder":68},{"sectionNumber":"sec.20A","sectionType":"section","heading":"What is the regulated vegetation management map","content":"### sec.20A What is the regulated vegetation management map\n\nThe regulated vegetation management map is the map certified by the chief executive as the regulated vegetation management map for a part of the State and showing the vegetation category areas for the part.\nThe chief executive may decide under section 20AH or 20AI to show an area on the map as a category B or a category C area even though the vegetation is not remnant vegetation or high value regrowth vegetation.\ns 20A ins 2004 No. 1 s 14\nsub 2009 No. 43 s 16 (retro); 2013 No. 24 s 12","sortOrder":69},{"sectionNumber":"sec.20AA","sectionType":"section","heading":"What is the vegetation management wetlands map","content":"### sec.20AA What is the vegetation management wetlands map\n\nThe vegetation management wetlands map is the map certified by the chief executive as the vegetation management wetlands map showing particular wetlands for the State.\ns 20AA ins 2009 No. 43 s 16 (retro)\nsub 2013 No. 24 s 12","sortOrder":70},{"sectionNumber":"sec.20AB","sectionType":"section","heading":"What is the vegetation management watercourse and drainage feature map","content":"### sec.20AB What is the vegetation management watercourse and drainage feature map\n\nThe vegetation management watercourse and drainage feature map is the map certified by the chief executive as the vegetation management watercourse and drainage feature map showing particular watercourses and drainage features for the State.\nThe map consists of the following documents—\nthe document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’\nthe document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’.\ns 20AB ins 2009 No. 43 s 16 (retro)\namd 2013 No. 23 s 352 sch 1 pt 2\nsub 2013 No. 24 s 12 ; 2014 No. 64 s 53\n- • the document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’\n- • the document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’.","sortOrder":71},{"sectionNumber":"sec.20AC","sectionType":"section","heading":"What is the essential habitat map","content":"### sec.20AC What is the essential habitat map\n\nThe essential habitat map is a map certified by the chief executive as the essential habitat map for the State and showing, for the State, areas the chief executive reasonably believes are areas of essential habitat for protected wildlife.\nEssential habitat , for protected wildlife, is a category A area, a category B area or category C area shown on the regulated vegetation management map—\nthat has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitat database; or\nin which the protected wildlife, at any stage of its life cycle, is located.\nEssential habitat database is a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential habitat database.\nAn essential habitat factor , for protected wildlife, is a component of the wildlife’s habitat, including, for example, a landform, pollinator, regional ecosystem, soil and water, that is necessary or desirable for the wildlife at any stage of its lifecycle.\ns 20AC ins 2009 No. 43 s 16 (retro)\namd 2013 No. 24 s 13\n(sec.20AC-ssec.1) The essential habitat map is a map certified by the chief executive as the essential habitat map for the State and showing, for the State, areas the chief executive reasonably believes are areas of essential habitat for protected wildlife.\n(sec.20AC-ssec.2) Essential habitat , for protected wildlife, is a category A area, a category B area or category C area shown on the regulated vegetation management map— that has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitat database; or in which the protected wildlife, at any stage of its life cycle, is located.\n(sec.20AC-ssec.3) Essential habitat database is a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential habitat database.\n(sec.20AC-ssec.4) An essential habitat factor , for protected wildlife, is a component of the wildlife’s habitat, including, for example, a landform, pollinator, regional ecosystem, soil and water, that is necessary or desirable for the wildlife at any stage of its lifecycle.\n- (a) that has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitat database; or\n- (b) in which the protected wildlife, at any stage of its life cycle, is located.","sortOrder":72},{"sectionNumber":"sec.20AD","sectionType":"section","heading":null,"content":"### Section sec.20AD\n\ns 20AD ins 2009 No. 43 s 16 (retro)\nom 2013 No. 24 s 14","sortOrder":73},{"sectionNumber":"sec.20ADA","sectionType":"section","heading":null,"content":"### Section sec.20ADA\n\ns 20ADA ins 2013 No. 23 s 224\nom 2013 No. 24 s 14","sortOrder":74},{"sectionNumber":"sec.20AE","sectionType":"section","heading":null,"content":"### Section sec.20AE\n\ns 20AE ins 2009 No. 43 s 16 (retro)\nom 2013 No. 24 s 14","sortOrder":75},{"sectionNumber":"sec.20AF","sectionType":"section","heading":null,"content":"### Section sec.20AF\n\ns 20AF ins 2009 No. 43 s 16 (retro)\nom 2013 No. 24 s 14","sortOrder":76},{"sectionNumber":"sec.20AG","sectionType":"section","heading":null,"content":"### Section sec.20AG\n\ns 20AG ins 2009 No. 43 s 16 (retro)\nom 2013 No. 24 s 14","sortOrder":77},{"sectionNumber":"sec.20AH","sectionType":"section","heading":"Deciding to show particular areas as category B areas","content":"### sec.20AH Deciding to show particular areas as category B areas\n\nIn certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category B area if—\na development approval for the area has been given for—\nfodder harvesting; or\nmanaging thickened vegetation; or\nclearing of encroachment; or\ncontrol of non-native plants or declared pests; or\nnecessary environmental clearing; or\nthe area is a declared area, offset area or exchange area; or\nthe area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category B area for 1 or more of the following—\nconducting a native forest practice;\nfodder harvesting;\nclearing of encroachment;\ncontrolling non-native plants or declared pests;\nnecessary environmental clearing; or\nthe area contains forest products under the Forestry Act 1959 and—\nhas been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\nis an area in which the State has carried out harvesting of commercial timber; or\nhas been cleared under section 70A ; or\nthe chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or\nthe area has been unlawfully cleared; or\nthe area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\nthe area is a regional ecosystem that—\nhas a predominant canopy not dominated by woody vegetation; and\nhas not been cultivated for 15 years; and\ncontains native species normally found in the regional ecosystem; and\nis not dominated by non-native perennial species; or\nthe area has been subject to clearing of vegetation under an area management plan on a category B area for 1 or more of the following—\nfodder harvesting;\nmanaging thickened vegetation;\nclearing of encroachment;\ncontrolling non-native plants or declared pests;\nnecessary environmental clearing; or\nthe area has been subject to a native forest practice on a category B area.\ns 20AH ins 2009 No. 43 s 16 (retro)\namd 2010 No. 52 s 45 ; 2013 No. 24 s 15 ; 2016 No. 27 s 627 ; 2018 No. 7 s 7\n- (a) a development approval for the area has been given for— (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) control of non-native plants or declared pests; or (v) necessary environmental clearing; or\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) control of non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (b) the area is a declared area, offset area or exchange area; or\n- (c) the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category B area for 1 or more of the following— (i) conducting a native forest practice; (ii) fodder harvesting; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or\n- (i) conducting a native forest practice;\n- (ii) fodder harvesting;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or\n- (d) the area contains forest products under the Forestry Act 1959 and— (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or (ii) is an area in which the State has carried out harvesting of commercial timber; or (iii) has been cleared under section 70A ; or\n- (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\n- (ii) is an area in which the State has carried out harvesting of commercial timber; or\n- (iii) has been cleared under section 70A ; or\n- (e) the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or\n- (f) the area has been unlawfully cleared; or\n- (g) the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\n- (h) the area is a regional ecosystem that— (i) has a predominant canopy not dominated by woody vegetation; and (ii) has not been cultivated for 15 years; and (iii) contains native species normally found in the regional ecosystem; and (iv) is not dominated by non-native perennial species; or\n- (i) has a predominant canopy not dominated by woody vegetation; and\n- (ii) has not been cultivated for 15 years; and\n- (iii) contains native species normally found in the regional ecosystem; and\n- (iv) is not dominated by non-native perennial species; or\n- (i) the area has been subject to clearing of vegetation under an area management plan on a category B area for 1 or more of the following— (i) fodder harvesting; (ii) managing thickened vegetation; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or\n- (i) fodder harvesting;\n- (ii) managing thickened vegetation;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or\n- (j) the area has been subject to a native forest practice on a category B area.\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) control of non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (i) conducting a native forest practice;\n- (ii) fodder harvesting;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or\n- (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\n- (ii) is an area in which the State has carried out harvesting of commercial timber; or\n- (iii) has been cleared under section 70A ; or\n- (i) has a predominant canopy not dominated by woody vegetation; and\n- (ii) has not been cultivated for 15 years; and\n- (iii) contains native species normally found in the regional ecosystem; and\n- (iv) is not dominated by non-native perennial species; or\n- (i) fodder harvesting;\n- (ii) managing thickened vegetation;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or","sortOrder":78},{"sectionNumber":"sec.20AI","sectionType":"section","heading":"Deciding to show particular areas as category C areas","content":"### sec.20AI Deciding to show particular areas as category C areas\n\nIn certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category C area if—\nthe area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category C area for 1 or more of the following—\nconducting a native forest practice;\nfodder harvesting;\nclearing of encroachment;\ncontrolling non-native plants or declared pests;\nnecessary environmental clearing; or\nthe area is an exchange area; or\nthe area contains forest products under the Forestry Act 1959 that are regulated regrowth vegetation and—\nhas been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\nis an area in which the State has carried out harvesting of commercial timber; or\nhas been cleared under section 70A ; or\nthe chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or\nthe area has been unlawfully cleared; or\nthe area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\nthe area has been subject to clearing of vegetation under an area management plan on a category C area for 1 or more of the following—\nfodder harvesting;\nmanaging thickened vegetation;\nclearing of encroachment;\ncontrolling non-native plants or declared pests;\nnecessary environmental clearing.\ns 20AI ins 2009 No. 43 s 16 (retro)\namd 2013 No. 24 s 16 ; 2016 No. 27 s 628 ; 2018 No. 7 s 8\n- (a) the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category C area for 1 or more of the following— (i) conducting a native forest practice; (ii) fodder harvesting; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or\n- (i) conducting a native forest practice;\n- (ii) fodder harvesting;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or\n- (b) the area is an exchange area; or\n- (c) the area contains forest products under the Forestry Act 1959 that are regulated regrowth vegetation and— (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or (ii) is an area in which the State has carried out harvesting of commercial timber; or (iii) has been cleared under section 70A ; or\n- (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\n- (ii) is an area in which the State has carried out harvesting of commercial timber; or\n- (iii) has been cleared under section 70A ; or\n- (d) the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or\n- (e) the area has been unlawfully cleared; or\n- (f) the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\n- (g) the area has been subject to clearing of vegetation under an area management plan on a category C area for 1 or more of the following— (i) fodder harvesting; (ii) managing thickened vegetation; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing.\n- (i) fodder harvesting;\n- (ii) managing thickened vegetation;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing.\n- (i) conducting a native forest practice;\n- (ii) fodder harvesting;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing; or\n- (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or\n- (ii) is an area in which the State has carried out harvesting of commercial timber; or\n- (iii) has been cleared under section 70A ; or\n- (i) fodder harvesting;\n- (ii) managing thickened vegetation;\n- (iii) clearing of encroachment;\n- (iv) controlling non-native plants or declared pests;\n- (v) necessary environmental clearing.","sortOrder":79},{"sectionNumber":"sec.20AJ","sectionType":"section","heading":"Application to make PMAV before amending regulated vegetation management map","content":"### sec.20AJ Application to make PMAV before amending regulated vegetation management map\n\nIf an owner of land in an area wants the chief executive to amend the regulated vegetation management map, the owner must apply to the chief executive under section 20C to make a PMAV for the area.\nSee section 20H for the effect of an inconsistency between a PMAV and the regulated vegetation management map.\ns 20AJ ins 2009 No. 43 s 16 (retro)\nsub 2013 No. 24 s 17","sortOrder":80},{"sectionNumber":"sec.20AK","sectionType":"section","heading":"What is a property map of assessable vegetation (or PMAV )","content":"### sec.20AK What is a property map of assessable vegetation (or PMAV )\n\nA property map of assessable vegetation (or PMAV ) is a map certified by the chief executive as a PMAV for an area and showing the vegetation category area for the area.\nThe map may also show for the area the location of the boundaries of, and the regional ecosystem number for, each regional ecosystem in the area.\ns 20AK ins 2009 No. 43 s 17 (retro)\namd 2013 No. 24 s 19\n(sec.20AK-ssec.1) A property map of assessable vegetation (or PMAV ) is a map certified by the chief executive as a PMAV for an area and showing the vegetation category area for the area.\n(sec.20AK-ssec.2) The map may also show for the area the location of the boundaries of, and the regional ecosystem number for, each regional ecosystem in the area.","sortOrder":81},{"sectionNumber":"sec.20AKA","sectionType":"section","heading":"What is a vegetation category area","content":"### sec.20AKA What is a vegetation category area\n\nA vegetation category area is a category A area, category B area, category C area, category R area or category X area.\nThe effect of sections 20AL to 20AO , 20BA and 20CA is that there is no overlap of the boundaries of the vegetation category areas.\ns 20AKA ins 2013 No. 24 s 20","sortOrder":82},{"sectionNumber":"sec.20AL","sectionType":"section","heading":"What is a category A area","content":"### sec.20AL What is a category A area\n\nA category A area is an area, other than a category B area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category A area that—\nis any of the following—\na declared area;\nan offset area;\nan exchange area; or\nhas been unlawfully cleared; or\nis, or has been, subject to—\na restoration notice; or\nan enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\nhas been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\nthe chief executive decides under section 20BA is a category A area; or\nis a category A area by agreement under section 20C (3) if, immediately before the agreement is entered into, the area was a category X area on a PMAV containing remnant vegetation or high value regrowth.\ns 20AL ins 2009 No. 43 s 17 (retro)\namd 2013 No. 24 s 21 ; 2018 No. 7 s 9\n- (a) is any of the following— (i) a declared area; (ii) an offset area; (iii) an exchange area; or\n- (i) a declared area;\n- (ii) an offset area;\n- (iii) an exchange area; or\n- (b) has been unlawfully cleared; or\n- (c) is, or has been, subject to— (i) a restoration notice; or (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\n- (i) a restoration notice; or\n- (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\n- (d) has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\n- (e) the chief executive decides under section 20BA is a category A area; or\n- (f) is a category A area by agreement under section 20C (3) if, immediately before the agreement is entered into, the area was a category X area on a PMAV containing remnant vegetation or high value regrowth.\n- (i) a declared area;\n- (ii) an offset area;\n- (iii) an exchange area; or\n- (i) a restoration notice; or\n- (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or","sortOrder":83},{"sectionNumber":"sec.20AM","sectionType":"section","heading":"What is a category B area","content":"### sec.20AM What is a category B area\n\nA category B area is an area, other than a category A area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category B area that—\ncontains remnant vegetation; or\nthe chief executive decides to show on the regulated vegetation management map as a category B area; or\nThe chief executive may decide under section 20AH to show an area on the regulated vegetation management map as a category B area even though the vegetation is not remnant vegetation.\nif section 20AN does not apply to the area—\nis a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and\ncontains—\nan endangered regional ecosystem; or\nan of concern regional ecosystem; or\na least concern regional ecosystem.\ns 20AM ins 2009 No. 43 s 17 (retro)\nsub 2013 No. 24 s 22\n- (a) contains remnant vegetation; or\n- (b) the chief executive decides to show on the regulated vegetation management map as a category B area; or Note— The chief executive may decide under section 20AH to show an area on the regulated vegetation management map as a category B area even though the vegetation is not remnant vegetation.\n- (c) if section 20AN does not apply to the area— (i) is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and (ii) contains— (A) an endangered regional ecosystem; or (B) an of concern regional ecosystem; or (C) a least concern regional ecosystem.\n- (i) is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and\n- (ii) contains— (A) an endangered regional ecosystem; or (B) an of concern regional ecosystem; or (C) a least concern regional ecosystem.\n- (A) an endangered regional ecosystem; or\n- (B) an of concern regional ecosystem; or\n- (C) a least concern regional ecosystem.\n- (i) is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and\n- (ii) contains— (A) an endangered regional ecosystem; or (B) an of concern regional ecosystem; or (C) a least concern regional ecosystem.\n- (A) an endangered regional ecosystem; or\n- (B) an of concern regional ecosystem; or\n- (C) a least concern regional ecosystem.\n- (A) an endangered regional ecosystem; or\n- (B) an of concern regional ecosystem; or\n- (C) a least concern regional ecosystem.","sortOrder":84},{"sectionNumber":"sec.20AN","sectionType":"section","heading":"What is a category C area","content":"### sec.20AN What is a category C area\n\nA category C area is an area, other than a category A area, category B area, category R area or category X area, shown on the regulated vegetation management map as a category C area that—\ncontains high value regrowth vegetation; or\nthe chief executive decides to show on the regulated vegetation management map as a category C area.\nThe chief executive may decide under section 20AI to show an area on the regulated vegetation management map as a category C area even though the vegetation is not high value regrowth vegetation.\ns 20AN ins 2009 No. 43 s 17 (retro)\nsub 2013 No. 24 s 23\n- (a) contains high value regrowth vegetation; or\n- (b) the chief executive decides to show on the regulated vegetation management map as a category C area. Note— The chief executive may decide under section 20AI to show an area on the regulated vegetation management map as a category C area even though the vegetation is not high value regrowth vegetation.","sortOrder":85},{"sectionNumber":"sec.20ANA","sectionType":"section","heading":"What is a category R area","content":"### sec.20ANA What is a category R area\n\nA category R area is an area, other than a category A area, category B area, category C area or category X area, shown on the regulated vegetation management map as a category R area that is a regrowth watercourse and drainage feature area.\ns 20ANA ins 2013 No. 24 s 24\namd 2014 No. 64 s 54","sortOrder":86},{"sectionNumber":"sec.20AO","sectionType":"section","heading":"What is a category X area","content":"### sec.20AO What is a category X area\n\nA category X area is an area, other than a category A area, category B area, category C area or category R area (in which the clearing of vegetation has happened), shown on the regulated vegetation management map as a category X area.\nHowever, an area is not a category X area if the chief executive decides under section 20CA the area is not a category X area.\ns 20AO ins 2009 No. 43 s 17 (retro)\namd 2013 No. 24 s 25 ; 2018 No. 7 s 10\n(sec.20AO-ssec.1) A category X area is an area, other than a category A area, category B area, category C area or category R area (in which the clearing of vegetation has happened), shown on the regulated vegetation management map as a category X area.\n(sec.20AO-ssec.2) However, an area is not a category X area if the chief executive decides under section 20CA the area is not a category X area.","sortOrder":87},{"sectionNumber":"sec.20B","sectionType":"section","heading":"When chief executive may make PMAV","content":"### sec.20B When chief executive may make PMAV\n\nThe chief executive may make a PMAV for an area if—\nthe area becomes a declared area; or\nthe area becomes an offset area; or\nthe area becomes an exchange area; or\nthe area has been unlawfully cleared; or\nthe area is subject to—\na restoration notice; or\nan enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\nthe area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\nthe chief executive reasonably believes—\na person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or\nthe area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or\nprohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or\nthe area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or\nthe chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.\nThe chief executive must give each owner of land to be included in the PMAV an information notice about the decision to make the PMAV.\nNothing prevents the chief executive making a PMAV for 2 or more of the circumstances mentioned in subsection (1) (a) to (i) over the same or different areas.\ns 20B ins 2004 No. 1 s 14\namd 2007 No. 19 s 221 ; 2007 No. 48 s 59\nsub 2009 No. 43 s 18 (retro)\namd 2013 No. 24 s 26 ; 2018 No. 7 s 11\n(sec.20B-ssec.1) The chief executive may make a PMAV for an area if— the area becomes a declared area; or the area becomes an offset area; or the area becomes an exchange area; or the area has been unlawfully cleared; or the area is subject to— a restoration notice; or an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or the chief executive reasonably believes— a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or the area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or the chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.\n(sec.20B-ssec.2) The chief executive must give each owner of land to be included in the PMAV an information notice about the decision to make the PMAV.\n(sec.20B-ssec.3) Nothing prevents the chief executive making a PMAV for 2 or more of the circumstances mentioned in subsection (1) (a) to (i) over the same or different areas.\n- (a) the area becomes a declared area; or\n- (b) the area becomes an offset area; or\n- (c) the area becomes an exchange area; or\n- (d) the area has been unlawfully cleared; or\n- (e) the area is subject to— (i) a restoration notice; or (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\n- (i) a restoration notice; or\n- (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\n- (f) the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or\n- (g) the chief executive reasonably believes— (i) a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or (ii) the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or (iii) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or\n- (i) a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or\n- (ii) the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or\n- (iii) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or\n- (h) the area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or\n- (i) the chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.\n- (i) a restoration notice; or\n- (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or\n- (i) a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or\n- (ii) the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or\n- (iii) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or","sortOrder":88},{"sectionNumber":"sec.20BA","sectionType":"section","heading":"Chief executive may make decision about category A area","content":"### sec.20BA Chief executive may make decision about category A area\n\nThe chief executive may make an area a category A area on a PMAV if the chief executive reasonably believes—\na vegetation clearing offence is being, or has been, committed in relation to the area; or\nthe area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or\nprohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area.\ns 20BA ins 2009 No. 43 s 18 (retro)\n- (a) a vegetation clearing offence is being, or has been, committed in relation to the area; or\n- (b) the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or\n- (c) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area.","sortOrder":89},{"sectionNumber":"sec.20C","sectionType":"section","heading":"When owner may apply for PMAV","content":"### sec.20C When owner may apply for PMAV\n\nAn owner of land may apply to the chief executive for the making of a PMAV for the land or part of the land.\nThe application must—\nbe in the approved form; and\nstate the information prescribed under a regulation; and\nbe accompanied by the fee prescribed under a regulation.\nIf the owner of the land and the chief executive agree to the making of the PMAV, the chief executive must make the PMAV.\nThe chief executive may waive the prescribed fee for the making of a PMAV if it is in the interests of the State and the owner.\nIf the chief executive refuses to make a PMAV for the area, the chief executive must give the owner an information notice about the decision.\ns 20C ins 2004 No. 1 s 14\namd 2009 No. 43 s 19 (retro)\n(sec.20C-ssec.1) An owner of land may apply to the chief executive for the making of a PMAV for the land or part of the land.\n(sec.20C-ssec.2) The application must— be in the approved form; and state the information prescribed under a regulation; and be accompanied by the fee prescribed under a regulation.\n(sec.20C-ssec.3) If the owner of the land and the chief executive agree to the making of the PMAV, the chief executive must make the PMAV.\n(sec.20C-ssec.4) The chief executive may waive the prescribed fee for the making of a PMAV if it is in the interests of the State and the owner.\n(sec.20C-ssec.5) If the chief executive refuses to make a PMAV for the area, the chief executive must give the owner an information notice about the decision.\n- (a) be in the approved form; and\n- (b) state the information prescribed under a regulation; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":90},{"sectionNumber":"sec.20CA","sectionType":"section","heading":"Process before making PMAV","content":"### sec.20CA Process before making PMAV\n\nThis section applies if—\nan owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and\nthe owner proposes that the land or part of the land (the relevant area ) be a category X area on the PMAV.\nThe chief executive can not make the relevant area a category X area on the PMAV if any of the circumstances mentioned in section 20AH or 20AI for the area have happened unless the area has later been cleared and—\nthe clearing was carried out under a moratorium exemption; or\nthe clearing was carried out under a development approval other than a development approval for—\nfodder harvesting; or\nmanaging thickened vegetation; or\nclearing of encroachment; or\ncontrolling non-native plants or declared pests; or\nnecessary environmental clearing; or\nthe clearing was carried out under an accepted development vegetation clearing code other than for—\nconducting a native forest practice; or\nfodder harvesting; or\nclearing of encroachment; or\ncontrolling non-native plants or declared pests; or\nnecessary environmental clearing; or\nthe clearing was carried out under an area management plan other than for—\nfodder harvesting; or\nmanaging thickened vegetation; or\nclearing of encroachment; or\ncontrolling non-native plants or declared pests; or\nnecessary environmental clearing; or\nthe clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .\nAlso, the chief executive can not make the relevant area a category X area on the PMAV if—\nthe vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or\nthe chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.\nHowever, subsection (3) does not prevent the chief executive making the relevant area a category X area on the PMAV if clearing in the area was carried out under subsection (2) (a) , (b) , (c) , (d) or (e) after the clearing mentioned in subsection (3) (a) or (b) .\nIf the chief executive considers the relevant area can not be made a category X area because of subsection (2) or (3) , the chief executive must, before making the PMAV, give the owner of the land a notice inviting the owner to show why the relevant area should be a category X area.\nThe notice must state the following—\nthe grounds for the proposed decision that the relevant area is not a category X area;\nthe facts and circumstances forming the basis for the grounds;\nthe proposed boundaries of the vegetation category areas for the PMAV;\nthat the owner may make submissions about the proposed decision;\nhow to make a properly made submission;\nwhere the submission may be made or sent;\na period within which the submission must be made.\nThe stated period must be at least 15 business days after the notice is given.\nIf, after considering any properly made submission by the owner, the chief executive still considers the relevant area is not a category X area, the chief executive may make the relevant area other than a category X area on the PMAV.\nThe chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area.\nIn this section—\nlawfully carried out , for the clearing of vegetation, means the clearing was, at the time of the clearing, authorised or permitted under this Act or under any of the following—\nthe Planning Act ;\nthe repealed Integrated Planning Act 1997 ;\nthe repealed Sustainable Planning Act 2009 ;\nthe State Development and Public Works Organisation Act 1971 ;\nthe Cape York Peninsula Heritage Act 2007 .\nproperly made submission means a submission that—\nis written; and\nis signed by each person (a signatory ) who made the submission; and\nstates the name and address of each signatory; and\nstates the grounds of the submission and the facts and circumstances relied on in support of the grounds; and\nis made to the person stated in the notice inviting the submission; and\nis received on or before the last day for the making of the submission.\ns 20CA ins 2009 No. 43 s 20 (retro)\namd 2010 No. 52 s 46 ; 2013 No. 24 s 27 ; 2016 No. 27 s 629 ; 2018 No. 7 s 12\n(sec.20CA-ssec.1) This section applies if— an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and the owner proposes that the land or part of the land (the relevant area ) be a category X area on the PMAV.\n(sec.20CA-ssec.2) The chief executive can not make the relevant area a category X area on the PMAV if any of the circumstances mentioned in section 20AH or 20AI for the area have happened unless the area has later been cleared and— the clearing was carried out under a moratorium exemption; or the clearing was carried out under a development approval other than a development approval for— fodder harvesting; or managing thickened vegetation; or clearing of encroachment; or controlling non-native plants or declared pests; or necessary environmental clearing; or the clearing was carried out under an accepted development vegetation clearing code other than for— conducting a native forest practice; or fodder harvesting; or clearing of encroachment; or controlling non-native plants or declared pests; or necessary environmental clearing; or the clearing was carried out under an area management plan other than for— fodder harvesting; or managing thickened vegetation; or clearing of encroachment; or controlling non-native plants or declared pests; or necessary environmental clearing; or the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .\n(sec.20CA-ssec.3) Also, the chief executive can not make the relevant area a category X area on the PMAV if— the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.\n(sec.20CA-ssec.3A) However, subsection (3) does not prevent the chief executive making the relevant area a category X area on the PMAV if clearing in the area was carried out under subsection (2) (a) , (b) , (c) , (d) or (e) after the clearing mentioned in subsection (3) (a) or (b) .\n(sec.20CA-ssec.4) If the chief executive considers the relevant area can not be made a category X area because of subsection (2) or (3) , the chief executive must, before making the PMAV, give the owner of the land a notice inviting the owner to show why the relevant area should be a category X area.\n(sec.20CA-ssec.5) The notice must state the following— the grounds for the proposed decision that the relevant area is not a category X area; the facts and circumstances forming the basis for the grounds; the proposed boundaries of the vegetation category areas for the PMAV; that the owner may make submissions about the proposed decision; how to make a properly made submission; where the submission may be made or sent; a period within which the submission must be made.\n(sec.20CA-ssec.6) The stated period must be at least 15 business days after the notice is given.\n(sec.20CA-ssec.7) If, after considering any properly made submission by the owner, the chief executive still considers the relevant area is not a category X area, the chief executive may make the relevant area other than a category X area on the PMAV.\n(sec.20CA-ssec.8) The chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area.\n(sec.20CA-ssec.9) In this section— lawfully carried out , for the clearing of vegetation, means the clearing was, at the time of the clearing, authorised or permitted under this Act or under any of the following— the Planning Act ; the repealed Integrated Planning Act 1997 ; the repealed Sustainable Planning Act 2009 ; the State Development and Public Works Organisation Act 1971 ; the Cape York Peninsula Heritage Act 2007 . properly made submission means a submission that— is written; and is signed by each person (a signatory ) who made the submission; and states the name and address of each signatory; and states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and is made to the person stated in the notice inviting the submission; and is received on or before the last day for the making of the submission.\n- (a) an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and\n- (b) the owner proposes that the land or part of the land (the relevant area ) be a category X area on the PMAV.\n- (a) the clearing was carried out under a moratorium exemption; or\n- (b) the clearing was carried out under a development approval other than a development approval for— (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (c) the clearing was carried out under an accepted development vegetation clearing code other than for— (i) conducting a native forest practice; or (ii) fodder harvesting; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or\n- (i) conducting a native forest practice; or\n- (ii) fodder harvesting; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (d) the clearing was carried out under an area management plan other than for— (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (e) the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (i) conducting a native forest practice; or\n- (ii) fodder harvesting; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (i) fodder harvesting; or\n- (ii) managing thickened vegetation; or\n- (iii) clearing of encroachment; or\n- (iv) controlling non-native plants or declared pests; or\n- (v) necessary environmental clearing; or\n- (a) the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or\n- (b) the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.\n- (a) the grounds for the proposed decision that the relevant area is not a category X area;\n- (b) the facts and circumstances forming the basis for the grounds;\n- (c) the proposed boundaries of the vegetation category areas for the PMAV;\n- (d) that the owner may make submissions about the proposed decision;\n- (e) how to make a properly made submission;\n- (f) where the submission may be made or sent;\n- (g) a period within which the submission must be made.\n- (a) the Planning Act ;\n- (b) the repealed Integrated Planning Act 1997 ;\n- (c) the repealed Sustainable Planning Act 2009 ;\n- (d) the State Development and Public Works Organisation Act 1971 ;\n- (e) the Cape York Peninsula Heritage Act 2007 .\n- (a) is written; and\n- (b) is signed by each person (a signatory ) who made the submission; and\n- (c) states the name and address of each signatory; and\n- (d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and\n- (e) is made to the person stated in the notice inviting the submission; and\n- (f) is received on or before the last day for the making of the submission.","sortOrder":91},{"sectionNumber":"sec.20D","sectionType":"section","heading":"When PMAV may be replaced","content":"### sec.20D When PMAV may be replaced\n\nThe chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ).\nA new PMAV may apply to—\npart or all of the previous area; or\npart or all of the previous area and another area.\nSubsection (1) applies only—\nif a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or\nto reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or\nto change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or\nfor a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement.\nDespite subsection (3) , the chief executive may replace a PMAV for an area if—\nfor a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or\nfor a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or\nfor a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or\nfor a PMAV made under section 20B (1) (d) , (e) , (f) or (g) —\nthe area contains remnant vegetation; or\nthe person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or\nfor a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or\nfor a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error.\nA reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section.\nIn this section—\naffected owner means an owner of land proposed to be included in a new PMAV if any of the following apply—\nthe owner applied under section 20C for the making of the new PMAV;\nthere was not a PMAV for the land or part of the land;\nthe land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV.\ns 20D ins 2004 No. 1 s 14\namd 2009 No. 43 s 21 (retro); 2013 No. 24 s 28 ; 2016 No. 27 s 630 ; 2018 No. 7 s 13 ; 2023 No. 2 s 98\n(sec.20D-ssec.1) The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ).\n(sec.20D-ssec.2) A new PMAV may apply to— part or all of the previous area; or part or all of the previous area and another area.\n(sec.20D-ssec.3) Subsection (1) applies only— if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or to change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or for a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement.\n(sec.20D-ssec.3A) Despite subsection (3) , the chief executive may replace a PMAV for an area if— for a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or for a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or for a PMAV made under section 20B (1) (d) , (e) , (f) or (g) — the area contains remnant vegetation; or the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or for a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error.\n(sec.20D-ssec.4) A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section.\n(sec.20D-ssec.5) In this section— affected owner means an owner of land proposed to be included in a new PMAV if any of the following apply— the owner applied under section 20C for the making of the new PMAV; there was not a PMAV for the land or part of the land; the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV.\n- (a) part or all of the previous area; or\n- (b) part or all of the previous area and another area.\n- (a) if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or\n- (b) to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or\n- (c) to change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or\n- (d) for a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement.\n- (a) for a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or\n- (b) for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or\n- (c) for a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or\n- (d) for a PMAV made under section 20B (1) (d) , (e) , (f) or (g) — (i) the area contains remnant vegetation; or (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or\n- (i) the area contains remnant vegetation; or\n- (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or\n- (e) for a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or\n- (f) for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error.\n- (i) the area contains remnant vegetation; or\n- (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or\n- (a) the owner applied under section 20C for the making of the new PMAV;\n- (b) there was not a PMAV for the land or part of the land;\n- (c) the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV.","sortOrder":92},{"sectionNumber":"sec.20E","sectionType":"section","heading":null,"content":"### Section sec.20E\n\ns 20E ins 2004 No. 1 s 14\namd 2007 No. 19 s 222\namd 2009 No. 43 s 22 (retro)\nom 2013 No. 24 s 29","sortOrder":93},{"sectionNumber":"sec.20F","sectionType":"section","heading":"Copies of PMAV given to owners","content":"### sec.20F Copies of PMAV given to owners\n\nIf a PMAV is made or replaced, a copy must be given, free of charge, to each affected owner of land that is included in the PMAV.\nHowever, if there are 2 or more affected owners who reside at the same address, a copy of the PMAV may be sent to the owners jointly.\nIn this section—\naffected owner , of land included in a PMAV, means an owner of the land if all, or a part of, the land will be affected by a change to the boundary of a vegetation category area in the PMAV.\ns 20F ins 2004 No. 1 s 14\namd 2009 No. 43 s 23 (retro); 2010 No. 53 s 179\n(sec.20F-ssec.1) If a PMAV is made or replaced, a copy must be given, free of charge, to each affected owner of land that is included in the PMAV.\n(sec.20F-ssec.2) However, if there are 2 or more affected owners who reside at the same address, a copy of the PMAV may be sent to the owners jointly.\n(sec.20F-ssec.3) In this section— affected owner , of land included in a PMAV, means an owner of the land if all, or a part of, the land will be affected by a change to the boundary of a vegetation category area in the PMAV.","sortOrder":94},{"sectionNumber":"sec.20G","sectionType":"section","heading":"Effect of PMAV","content":"### sec.20G Effect of PMAV\n\nAn owner of land included in a PMAV, or any other person, may rely on the PMAV as correctly showing a vegetation category area.\nAlso, until the regulated vegetation management map is amended under section 20HB to reflect a PMAV that has been made or replaced, a reference in section 20AL , 20AM , 20AN , 20ANA or 20AO to an area of a particular category shown on the regulated vegetation management map is taken to include a reference to an area of that category shown on the PMAV.\ns 20G prev s 20G ins 2004 No. 1 s 14\namd 2009 No. 43 s 63 sch (retro)\nom 2013 No. 24 s 30\npres s 20G ins 2023 No. 2 s 99\n(sec.20G-ssec.1) An owner of land included in a PMAV, or any other person, may rely on the PMAV as correctly showing a vegetation category area.\n(sec.20G-ssec.2) Also, until the regulated vegetation management map is amended under section 20HB to reflect a PMAV that has been made or replaced, a reference in section 20AL , 20AM , 20AN , 20ANA or 20AO to an area of a particular category shown on the regulated vegetation management map is taken to include a reference to an area of that category shown on the PMAV.","sortOrder":95},{"sectionNumber":"sec.20H","sectionType":"section","heading":"PMAV boundaries prevail","content":"### sec.20H PMAV boundaries prevail\n\nThis section applies if there is an inconsistency between a boundary of a vegetation category area shown on a PMAV and the boundary of the area shown on the regulated vegetation management map.\nThe boundary shown on the PMAV prevails to the extent of the inconsistency.\ns 20H ins 2009 No. 43 s 24 (retro)\nsub 2013 No. 24 s 31\n(sec.20H-ssec.1) This section applies if there is an inconsistency between a boundary of a vegetation category area shown on a PMAV and the boundary of the area shown on the regulated vegetation management map.\n(sec.20H-ssec.2) The boundary shown on the PMAV prevails to the extent of the inconsistency.","sortOrder":96},{"sectionNumber":"sec.20HA","sectionType":"section","heading":"Certifying vegetation management map","content":"### sec.20HA Certifying vegetation management map\n\nThe chief executive may certify a vegetation management map by certifying—\na hard copy of the map; or\na digital electronic form of the map.\ns 20HA ins 2013 No. 24 s 32\n- (a) a hard copy of the map; or\n- (b) a digital electronic form of the map.","sortOrder":97},{"sectionNumber":"sec.20HB","sectionType":"section","heading":"Amending vegetation management map","content":"### sec.20HB Amending vegetation management map\n\nIf the chief executive makes or replaces a PMAV, the chief executive must amend the regulated vegetation management map in a way that reflects the PMAV.\ns 20HB ins 2013 No. 24 s 32\namd 2023 No. 2 s 100","sortOrder":98},{"sectionNumber":"sec.20HC","sectionType":"section","heading":"When vegetation management map takes effect","content":"### sec.20HC When vegetation management map takes effect\n\nA vegetation management map or a map replacing a vegetation management map does not take effect until the map is certified by the chief executive.\ns 20HC ins 2013 No. 24 s 32","sortOrder":99},{"sectionNumber":"sec.20I","sectionType":"section","heading":null,"content":"### Section sec.20I\n\ns 20I ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":100},{"sectionNumber":"sec.20J","sectionType":"section","heading":null,"content":"### Section sec.20J\n\ns 20J ins 2010 No. 52 s 47\namd 2013 No. 24 s 33\nom 2018 No. 7 s 14 (retro)","sortOrder":101},{"sectionNumber":"sec.20K","sectionType":"section","heading":null,"content":"### Section sec.20K\n\ns 20K ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":102},{"sectionNumber":"sec.20L","sectionType":"section","heading":null,"content":"### Section sec.20L\n\ns 20L ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":103},{"sectionNumber":"sec.20M","sectionType":"section","heading":null,"content":"### Section sec.20M\n\ns 20M ins 2010 No. 52 s 47\namd 2013 No. 24 s 34\nom 2018 No. 7 s 14 (retro)","sortOrder":104},{"sectionNumber":"sec.20N","sectionType":"section","heading":null,"content":"### Section sec.20N\n\ns 20N ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":105},{"sectionNumber":"sec.20O","sectionType":"section","heading":null,"content":"### Section sec.20O\n\ns 20O ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":106},{"sectionNumber":"sec.20P","sectionType":"section","heading":null,"content":"### Section sec.20P\n\ns 20P ins 2010 No. 52 s 47\namd 2013 No. 24 s 35 ; 2016 No. 27 s 631\nom 2018 No. 7 s 14 (retro)","sortOrder":107},{"sectionNumber":"sec.20Q","sectionType":"section","heading":null,"content":"### Section sec.20Q\n\ns 20Q ins 2010 No. 52 s 47\namd 2013 No. 24 s 36\nom 2018 No. 7 s 14 (retro)","sortOrder":108},{"sectionNumber":"sec.20R","sectionType":"section","heading":null,"content":"### Section sec.20R\n\ns 20R ins 2010 No. 52 s 47\namd 2013 No. 24 s 37 ; 2016 No. 27 s 632\nom 2018 No. 7 s 14 (retro)","sortOrder":109},{"sectionNumber":"sec.20S","sectionType":"section","heading":null,"content":"### Section sec.20S\n\ns 20S ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":110},{"sectionNumber":"sec.20T","sectionType":"section","heading":null,"content":"### Section sec.20T\n\ns 20T ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":111},{"sectionNumber":"sec.20U","sectionType":"section","heading":null,"content":"### Section sec.20U\n\ns 20U ins 2010 No. 52 s 47\nom 2018 No. 7 s 14 (retro)","sortOrder":112},{"sectionNumber":"sec.20UA","sectionType":"section","heading":null,"content":"### Section sec.20UA\n\ns 20UA ins 2013 No. 24 s 38\namd 2016 No. 27 s 633\nom 2018 No. 7 s 14 (retro)","sortOrder":113},{"sectionNumber":"sec.20UB","sectionType":"section","heading":null,"content":"### Section sec.20UB\n\ns 20UB ins 2013 No. 24 s 38\nom 2018 No. 7 s 14 (retro)","sortOrder":114},{"sectionNumber":"sec.20UC","sectionType":"section","heading":null,"content":"### Section sec.20UC\n\ns 20UC ins 2013 No. 24 s 38\nom 2018 No. 7 s 14 (retro)","sortOrder":115},{"sectionNumber":"sec.20V","sectionType":"section","heading":null,"content":"### Section sec.20V\n\ns 20V ins 2010 No. 52 s 47\nsub 2013 No. 24 s 39\nom 2018 No. 7 s 14 (retro)","sortOrder":116},{"sectionNumber":"sec.20W","sectionType":"section","heading":null,"content":"### Section sec.20W\n\ns 20W ins 2010 No. 52 s 47\nom 2013 No. 24 s 40","sortOrder":117},{"sectionNumber":"sec.20X","sectionType":"section","heading":null,"content":"### Section sec.20X\n\ns 20X ins 2010 No. 52 s 47\nom 2013 No. 24 s 40","sortOrder":118},{"sectionNumber":"sec.20Y","sectionType":"section","heading":null,"content":"### Section sec.20Y\n\ns 20Y ins 2010 No. 52 s 47\nom 2013 No. 24 s 40","sortOrder":119},{"sectionNumber":"sec.20Z","sectionType":"section","heading":null,"content":"### Section sec.20Z\n\ns 20Z ins 2010 No. 52 s 47\namd 2013 No. 24 s 41\nom 2018 No. 7 s 14 (retro)","sortOrder":120},{"sectionNumber":"sec.20ZA","sectionType":"section","heading":null,"content":"### Section sec.20ZA\n\ns 20ZA ins 2010 No. 52 s 47\nsub 2013 No. 24 s 43\nom 2018 No. 7 s 14 (retro)","sortOrder":121},{"sectionNumber":"sec.20ZB","sectionType":"section","heading":null,"content":"### Section sec.20ZB\n\ns 20ZB ins 2010 No. 52 s 47\namd 2013 No. 24 s 44 ; 2016 No. 27 s 634\nom 2018 No. 7 s 14 (retro)","sortOrder":122},{"sectionNumber":"sec.20ZC","sectionType":"section","heading":null,"content":"### Section sec.20ZC\n\ns 20ZC ins 2010 No. 52 s 47\namd 2013 No. 24 s 45\nom 2018 No. 7 s 14 (retro)","sortOrder":123},{"sectionNumber":"pt.2-div.5B","sectionType":"division","heading":"Area management plans","content":"## Area management plans","sortOrder":124},{"sectionNumber":"sec.21","sectionType":"section","heading":"Definitions for division","content":"### sec.21 Definitions for division\n\nIn this division—\narea management plan means an area management plan made by the chief executive under subdivision 2 .\nplan area , for an area management plan, means the area to which the plan relates.\nrestricted (fodder harvesting) land see section 21A .\ns 21 prev s 21 amd 2003 No. 10 s 76 sch; 2004 No. 1 s 44 (1) sch 1 ; 2003 No. 64 s 149 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 636\npres s 21 ins 2018 No. 7 s 14 (retro)","sortOrder":125},{"sectionNumber":"sec.21A","sectionType":"section","heading":"What is restricted (fodder harvesting) land","content":"### sec.21A What is restricted (fodder harvesting) land\n\nRestricted (fodder harvesting) land is—\na State-controlled road under the Transport Infrastructure Act 1994 ; or\na road controlled by a local government under the Local Government Act 2009 ; or\ntrust land under the Land Act 1994 .\nHowever, restricted (fodder harvesting) land does not include indigenous land.\ns 21A ins 2018 No. 7 s 14 (retro)\n(sec.21A-ssec.1) Restricted (fodder harvesting) land is— a State-controlled road under the Transport Infrastructure Act 1994 ; or a road controlled by a local government under the Local Government Act 2009 ; or trust land under the Land Act 1994 .\n(sec.21A-ssec.2) However, restricted (fodder harvesting) land does not include indigenous land.\n- (a) a State-controlled road under the Transport Infrastructure Act 1994 ; or\n- (b) a road controlled by a local government under the Local Government Act 2009 ; or\n- (c) trust land under the Land Act 1994 .","sortOrder":126},{"sectionNumber":"sec.21B","sectionType":"section","heading":"Chief executive may make area management plans","content":"### sec.21B Chief executive may make area management plans\n\nThe chief executive may make an area management plan for an area that provides for any matter about clearing vegetation the chief executive considers necessary or desirable for achieving the purpose of this Act.\nAn area management plan must—\ninclude enough information to allow the chief executive to map the boundary of—\nthe plan area; and\nif the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and\nstate—\nthe management intent and management outcomes for vegetation management in the plan area; and\nthe conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and\nprovide for, or allow, clearing of vegetation for 1 or more of the following—\ncontrolling non-native plants or declared pests;\nensuring public safety;\nrelevant infrastructure activities;\nclearing of encroachment;\nmanaging thickened vegetation;\nfodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;\nnecessary environmental clearing; and\nnot be inconsistent with the State policy.\nAn area management plan is not subordinate legislation.\ns 21B ins 2018 No. 7 s 14 (retro)\n(sec.21B-ssec.1) The chief executive may make an area management plan for an area that provides for any matter about clearing vegetation the chief executive considers necessary or desirable for achieving the purpose of this Act.\n(sec.21B-ssec.2) An area management plan must— include enough information to allow the chief executive to map the boundary of— the plan area; and if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and state— the management intent and management outcomes for vegetation management in the plan area; and the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and provide for, or allow, clearing of vegetation for 1 or more of the following— controlling non-native plants or declared pests; ensuring public safety; relevant infrastructure activities; clearing of encroachment; managing thickened vegetation; fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land; necessary environmental clearing; and not be inconsistent with the State policy.\n(sec.21B-ssec.3) An area management plan is not subordinate legislation.\n- (a) include enough information to allow the chief executive to map the boundary of— (i) the plan area; and (ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and\n- (i) the plan area; and\n- (ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and\n- (b) state— (i) the management intent and management outcomes for vegetation management in the plan area; and (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and\n- (i) the management intent and management outcomes for vegetation management in the plan area; and\n- (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and\n- (c) provide for, or allow, clearing of vegetation for 1 or more of the following— (i) controlling non-native plants or declared pests; (ii) ensuring public safety; (iii) relevant infrastructure activities; (iv) clearing of encroachment; (v) managing thickened vegetation; (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land; (vii) necessary environmental clearing; and\n- (i) controlling non-native plants or declared pests;\n- (ii) ensuring public safety;\n- (iii) relevant infrastructure activities;\n- (iv) clearing of encroachment;\n- (v) managing thickened vegetation;\n- (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;\n- (vii) necessary environmental clearing; and\n- (d) not be inconsistent with the State policy.\n- (i) the plan area; and\n- (ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and\n- (i) the management intent and management outcomes for vegetation management in the plan area; and\n- (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and\n- (i) controlling non-native plants or declared pests;\n- (ii) ensuring public safety;\n- (iii) relevant infrastructure activities;\n- (iv) clearing of encroachment;\n- (v) managing thickened vegetation;\n- (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;\n- (vii) necessary environmental clearing; and","sortOrder":127},{"sectionNumber":"sec.21C","sectionType":"section","heading":"Plan period for area management plan","content":"### sec.21C Plan period for area management plan\n\nAn area management plan must state the period, of no longer than 10 years, for which it will be in force, and remains in force until the end of the period.\ns 21C ins 2018 No. 7 s 14 (retro)","sortOrder":128},{"sectionNumber":"sec.21D","sectionType":"section","heading":"Mandatory conditions for area management plan","content":"### sec.21D Mandatory conditions for area management plan\n\nAn area management plan is subject to the conditions under subsections (2) and (3) .\nIf the plan provides for, or allows, clearing of vegetation for relevant infrastructure activities, the condition is that the clearing can not reasonably be avoided or minimised.\nIf the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting.\ns 21D ins 2018 No. 7 s 14 (retro)\n(sec.21D-ssec.1) An area management plan is subject to the conditions under subsections (2) and (3) .\n(sec.21D-ssec.2) If the plan provides for, or allows, clearing of vegetation for relevant infrastructure activities, the condition is that the clearing can not reasonably be avoided or minimised.\n(sec.21D-ssec.3) If the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting.","sortOrder":129},{"sectionNumber":"sec.21E","sectionType":"section","heading":"Register of area management plans","content":"### sec.21E Register of area management plans\n\nThe chief executive must—\ngive each area management plan a unique identifying number; and\nkeep a register of area management plans.\nThe register must include details of each notice the chief executive considers appropriate.\ns 21E ins 2018 No. 7 s 14 (retro)\n(sec.21E-ssec.1) The chief executive must— give each area management plan a unique identifying number; and keep a register of area management plans.\n(sec.21E-ssec.2) The register must include details of each notice the chief executive considers appropriate.\n- (a) give each area management plan a unique identifying number; and\n- (b) keep a register of area management plans.","sortOrder":130},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Relationship with Planning Act","content":"## Relationship with Planning Act","sortOrder":131},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 amd 2003 No. 10 s 76 sch ; 2005 No. 41 s 3 ; 2009 No. 43 ss 26 , 63 sch (retro); 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 636","sortOrder":132},{"sectionNumber":"sec.22A","sectionType":"section","heading":"When development is for a relevant purpose","content":"### sec.22A When development is for a relevant purpose\n\nThis section provides for when development the subject of a vegetation clearing application is for a relevant purpose.\nDevelopment is for a relevant purpose under this section if the chief executive is satisfied the development is—\na project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 ; or\nnecessary to control non-native plants or declared pests; or\nto ensure public safety; or\nfor relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or\na natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997 , or a development application was made under that Act, before 16 May 2003; or\nfor fodder harvesting; or\nfor managing thickened vegetation; or\nfor clearing of encroachment; or\nfor an extractive industry; or\nfor necessary environmental clearing.\nAlso, development the subject of a vegetation clearing application is for a relevant purpose under this section if, under the CYPH Act , the Minister is satisfied the development is for a special indigenous purpose.\nHowever, development is not for a relevant purpose under this section if the development is—\nclearing in a category C area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; or\nclearing in a category R area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes; or\nmentioned in subsection (2) (e) , (f) or (i) or (2AA) and the land the subject of the application is an area declared to be a declared area under division 4 , subdivision 2 .\ns 22A ins 2003 No. 10 s 58\nsub 2004 No. 1 s 15\namd 2005 No. 42 s 52 sch 1 ; 2006 No. 59 s 66 ; 2007 No. 19 s 223 ; 2007 No. 41 s 250 ; 2007 No. 48 s 60 ; 2009 No. 43 s 27 (retro); 2009 No. 36 s 872 sch 2 ; 2010 No. 53 s 180 ; 2012 No. 43 s 325 sch 2 ; 2013 No. 24 s 46 ; 2016 No. 27 s 637 ; 2018 No. 7 s 16 (11) (retro); 2018 No. 7 s 16 (1) – (10) , (12)\n(sec.22A-ssec.1) This section provides for when development the subject of a vegetation clearing application is for a relevant purpose.\n(sec.22A-ssec.2) Development is for a relevant purpose under this section if the chief executive is satisfied the development is— a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 ; or necessary to control non-native plants or declared pests; or to ensure public safety; or for relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or a natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997 , or a development application was made under that Act, before 16 May 2003; or for fodder harvesting; or for managing thickened vegetation; or for clearing of encroachment; or for an extractive industry; or for necessary environmental clearing.\n(sec.22A-ssec.2AA) Also, development the subject of a vegetation clearing application is for a relevant purpose under this section if, under the CYPH Act , the Minister is satisfied the development is for a special indigenous purpose.\n(sec.22A-ssec.2B) However, development is not for a relevant purpose under this section if the development is— clearing in a category C area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; or clearing in a category R area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes; or mentioned in subsection (2) (e) , (f) or (i) or (2AA) and the land the subject of the application is an area declared to be a declared area under division 4 , subdivision 2 .\n- (a) a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 ; or\n- (b) necessary to control non-native plants or declared pests; or\n- (c) to ensure public safety; or\n- (d) for relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or\n- (e) a natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997 , or a development application was made under that Act, before 16 May 2003; or\n- (f) for fodder harvesting; or\n- (g) for managing thickened vegetation; or\n- (h) for clearing of encroachment; or\n- (i) for an extractive industry; or\n- (j) for necessary environmental clearing.\n- (a) clearing in a category C area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; or\n- (b) clearing in a category R area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes; or\n- (c) mentioned in subsection (2) (e) , (f) or (i) or (2AA) and the land the subject of the application is an area declared to be a declared area under division 4 , subdivision 2 .","sortOrder":133},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Requirements for vegetation clearing application for managing thickened vegetation","content":"### sec.22B Requirements for vegetation clearing application for managing thickened vegetation\n\nThis section applies if a vegetation clearing application is for managing thickened vegetation.\nThe application must demonstrate how the proposed clearing will restore the regional ecosystem subject to the clearing to the floristic composition and densities typical of the regional ecosystem in the bioregion and include the following—\nthe location and extent of the proposed clearing;\nthe selective clearing methods proposed to be used;\nevidence that the clearing will be limited to the prescribed regional ecosystems and restrictions;\nevidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion.\nIn this section—\nprescribed regional ecosystems and restrictions means regional ecosystems and restrictions prescribed by regulation under the Planning Act , section 55 (2) to be a regional ecosystem or restriction for managing thickened vegetation.\ns 22B prev s 22B ins 2004 No. 1 s 15\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 638\npres s 22B ins 2018 No. 7 s 17\n(sec.22B-ssec.1) This section applies if a vegetation clearing application is for managing thickened vegetation.\n(sec.22B-ssec.2) The application must demonstrate how the proposed clearing will restore the regional ecosystem subject to the clearing to the floristic composition and densities typical of the regional ecosystem in the bioregion and include the following— the location and extent of the proposed clearing; the selective clearing methods proposed to be used; evidence that the clearing will be limited to the prescribed regional ecosystems and restrictions; evidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion.\n(sec.22B-ssec.3) In this section— prescribed regional ecosystems and restrictions means regional ecosystems and restrictions prescribed by regulation under the Planning Act , section 55 (2) to be a regional ecosystem or restriction for managing thickened vegetation.\n- (a) the location and extent of the proposed clearing;\n- (b) the selective clearing methods proposed to be used;\n- (c) evidence that the clearing will be limited to the prescribed regional ecosystems and restrictions;\n- (d) evidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion.","sortOrder":134},{"sectionNumber":"sec.22C","sectionType":"section","heading":null,"content":"### Section sec.22C\n\ns 22C ins 2004 No. 1 s 15\namd 2007 No. 19 s 224 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 638","sortOrder":135},{"sectionNumber":"sec.22D","sectionType":"section","heading":null,"content":"### Section sec.22D\n\ns 22D ins 2004 No. 1 s 15\namd 2007 No. 19 s 225 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 638","sortOrder":136},{"sectionNumber":"sec.22DAA","sectionType":"section","heading":null,"content":"### Section sec.22DAA\n\ns 22DAA ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 )\nom 2018 No. 7 s 18","sortOrder":137},{"sectionNumber":"sec.22DAB","sectionType":"section","heading":null,"content":"### Section sec.22DAB\n\ns 22DAB ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 )\nom 2018 No. 7 s 18","sortOrder":138},{"sectionNumber":"sec.22DAC","sectionType":"section","heading":null,"content":"### Section sec.22DAC\n\ns 22DAC ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 )\namd 2014 No. 40 s 154 sch 1 pt 2 ; 2014 No. 59 s 174 sch 1\nom 2018 No. 7 s 18","sortOrder":139},{"sectionNumber":"sec.22DA","sectionType":"section","heading":null,"content":"### Section sec.22DA\n\ns 22DA ins 2009 No. 43 s 28 (retro)\namd 2013 No. 24 s 48\nom 2016 No. 27 s 643","sortOrder":140},{"sectionNumber":"sec.22DB","sectionType":"section","heading":null,"content":"### Section sec.22DB\n\ns 22DB ins 2009 No. 43 s 28 (retro)\nom 2016 No. 27 s 643","sortOrder":141},{"sectionNumber":"sec.22DC","sectionType":"section","heading":null,"content":"### Section sec.22DC\n\ns 22DC ins 2009 No. 43 s 28 (retro)\namd 2013 No. 24 s 49\nom 2016 No. 27 s 643","sortOrder":142},{"sectionNumber":"sec.22DD","sectionType":"section","heading":null,"content":"### Section sec.22DD\n\ns 22DD ins 2009 No. 43 s 28 (retro)\nom 2016 No. 27 s 643","sortOrder":143},{"sectionNumber":"sec.22DE","sectionType":"section","heading":null,"content":"### Section sec.22DE\n\ns 22DE ins 2009 No. 43 s 28 (retro)\nom 2016 No. 27 s 643","sortOrder":144},{"sectionNumber":"sec.22DF","sectionType":"section","heading":null,"content":"### Section sec.22DF\n\ns 22DF ins 2009 No. 43 s 28 (retro)\namd 2013 No. 24 s 50\nom 2016 No. 27 s 643","sortOrder":145},{"sectionNumber":"pt.2-div.6A","sectionType":"division","heading":null,"content":"","sortOrder":146},{"sectionNumber":"sec.22DG","sectionType":"section","heading":null,"content":"### Section sec.22DG\n\ns 22DG ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":147},{"sectionNumber":"sec.22DH","sectionType":"section","heading":null,"content":"### Section sec.22DH\n\ns 22DH ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":148},{"sectionNumber":"sec.22DI","sectionType":"section","heading":null,"content":"### Section sec.22DI\n\ns 22DI ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":149},{"sectionNumber":"sec.22DJ","sectionType":"section","heading":null,"content":"### Section sec.22DJ\n\ns 22DJ ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":150},{"sectionNumber":"sec.22DK","sectionType":"section","heading":null,"content":"### Section sec.22DK\n\ns 22DK ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":151},{"sectionNumber":"sec.22DL","sectionType":"section","heading":null,"content":"### Section sec.22DL\n\ns 22DL ins 2009 No. 43 s 29 (retro)\nom 2014 No. 33 s 146","sortOrder":152},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":153},{"sectionNumber":"sec.22E","sectionType":"section","heading":null,"content":"### Section sec.22E\n\ns 22E ins 2004 No. 1 s 15\nom 2016 No. 27 s 644","sortOrder":154},{"sectionNumber":"sec.22F","sectionType":"section","heading":null,"content":"### Section sec.22F\n\ns 22F ins 2004 No. 1 s 15\nom 2016 No. 27 s 644","sortOrder":155},{"sectionNumber":"sec.22G","sectionType":"section","heading":null,"content":"### Section sec.22G\n\ns 22G ins 2004 No. 1 s 15\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 644","sortOrder":156},{"sectionNumber":"sec.22H","sectionType":"section","heading":null,"content":"### Section sec.22H\n\ns 22H ins 2004 No. 1 s 15\namd 2004 No. 33 s 44 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 644","sortOrder":157},{"sectionNumber":"pt.2-div.7A","sectionType":"division","heading":"Regional ecosystems","content":"## Regional ecosystems","sortOrder":158},{"sectionNumber":"sec.22I","sectionType":"section","heading":"What is the Vegetation Management Regional Ecosystem Description Database (or VM REDD )","content":"### sec.22I What is the Vegetation Management Regional Ecosystem Description Database (or VM REDD )\n\nThe Vegetation Management Regional Ecosystem Description Database (or VM REDD ) is the database that has effect as the Vegetation Management Regional Ecosystem Description Database under this subdivision.\ns 22I prev s 22I ins 2004 No. 1 s 15\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 644\npres s 22I ins 2023 No. 2 s 101","sortOrder":159},{"sectionNumber":"sec.22J","sectionType":"section","heading":"Certification of database","content":"### sec.22J Certification of database\n\nThe chief executive may certify a database about regional ecosystems as the Vegetation Management Regional Ecosystem Description Database.\nThe chief executive may certify a database under subsection (1) by certifying—\na hard copy of the database; or\na digital electronic form of the database.\nIf the chief executive certifies a digital electronic form of a database under subsection (1) , a reference in this subdivision to the database is taken to include a reference to a hard copy of the database.\nBefore certifying a database under subsection (1) , the chief executive must ensure—\nthe regional ecosystem numbers, descriptions and classes for regional ecosystems in the database reflect the relevant numbers, descriptions and classes in the Queensland Herbarium Regional Ecosystem Description Database; and\nif certified, the database would comply with sections 22LA (2) , 22LB (2) and 22LC (2) .\nHowever, a failure to comply with subsection (4) , or section 22LA (2) , 22LB (2) or 22LC (2) , in relation to the certification of a database under subsection (1) does not affect the validity of the certification.\ns 22J prev s 22J ins 2004 No. 1 s 15\nom 2016 No. 27 s 644\npres s 22J ins 2023 No. 2 s 101\n(sec.22J-ssec.1) The chief executive may certify a database about regional ecosystems as the Vegetation Management Regional Ecosystem Description Database.\n(sec.22J-ssec.2) The chief executive may certify a database under subsection (1) by certifying— a hard copy of the database; or a digital electronic form of the database.\n(sec.22J-ssec.3) If the chief executive certifies a digital electronic form of a database under subsection (1) , a reference in this subdivision to the database is taken to include a reference to a hard copy of the database.\n(sec.22J-ssec.4) Before certifying a database under subsection (1) , the chief executive must ensure— the regional ecosystem numbers, descriptions and classes for regional ecosystems in the database reflect the relevant numbers, descriptions and classes in the Queensland Herbarium Regional Ecosystem Description Database; and if certified, the database would comply with sections 22LA (2) , 22LB (2) and 22LC (2) .\n(sec.22J-ssec.5) However, a failure to comply with subsection (4) , or section 22LA (2) , 22LB (2) or 22LC (2) , in relation to the certification of a database under subsection (1) does not affect the validity of the certification.\n- (a) a hard copy of the database; or\n- (b) a digital electronic form of the database.\n- (a) the regional ecosystem numbers, descriptions and classes for regional ecosystems in the database reflect the relevant numbers, descriptions and classes in the Queensland Herbarium Regional Ecosystem Description Database; and\n- (b) if certified, the database would comply with sections 22LA (2) , 22LB (2) and 22LC (2) .","sortOrder":160},{"sectionNumber":"sec.22K","sectionType":"section","heading":"When database in effect as VM REDD","content":"### sec.22K When database in effect as VM REDD\n\nA database certified under section 22J takes effect as the VM REDD on—\nthe day the database is tabled in the Legislative Assembly under subsection (2) ; or\nif the database states a later day from which the database takes effect—the day stated in the database.\nA database certified under section 22J must be tabled in the Legislative Assembly within 14 sitting days after the certification.\nIf a database certified under section 22J is not tabled under subsection (2) —\nthe database has no effect; and\nthe database that most recently was the VM REDD continues in effect as the VM REDD.\nThe Statutory Instruments Act 1992 , section 50 applies to a database certified under section 22J as if it were subordinate legislation.\nIf a database certified under section 22J ceases to have effect under subsection (4) , the database that most recently was the VM REDD again takes effect as the VM REDD.\nThe fact that a database certified under section 22J ceases to have effect under subsection (4) does not affect anything done or suffered under this Act before the database ceased to have effect.\ns 22K prev s 22K ins 2004 No. 1 s 15\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 644\npres s 22K ins 2023 No. 2 s 101\n(sec.22K-ssec.1) A database certified under section 22J takes effect as the VM REDD on— the day the database is tabled in the Legislative Assembly under subsection (2) ; or if the database states a later day from which the database takes effect—the day stated in the database.\n(sec.22K-ssec.2) A database certified under section 22J must be tabled in the Legislative Assembly within 14 sitting days after the certification.\n(sec.22K-ssec.3) If a database certified under section 22J is not tabled under subsection (2) — the database has no effect; and the database that most recently was the VM REDD continues in effect as the VM REDD.\n(sec.22K-ssec.4) The Statutory Instruments Act 1992 , section 50 applies to a database certified under section 22J as if it were subordinate legislation.\n(sec.22K-ssec.5) If a database certified under section 22J ceases to have effect under subsection (4) , the database that most recently was the VM REDD again takes effect as the VM REDD.\n(sec.22K-ssec.6) The fact that a database certified under section 22J ceases to have effect under subsection (4) does not affect anything done or suffered under this Act before the database ceased to have effect.\n- (a) the day the database is tabled in the Legislative Assembly under subsection (2) ; or\n- (b) if the database states a later day from which the database takes effect—the day stated in the database.\n- (a) the database has no effect; and\n- (b) the database that most recently was the VM REDD continues in effect as the VM REDD.","sortOrder":161},{"sectionNumber":"sec.22L","sectionType":"section","heading":"Publication of VM REDD","content":"### sec.22L Publication of VM REDD\n\nThe chief executive must ensure each database certified under section 22J —\nis published on the department’s website; and\nstates the period for which the database is or was the VM REDD.\ns 22L prev s 22L ins 2004 No. 1 s 15\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 644\npres s 22L ins 2023 No. 2 s 101\n- (a) is published on the department’s website; and\n- (b) states the period for which the database is or was the VM REDD.","sortOrder":162},{"sectionNumber":"sec.22LA","sectionType":"section","heading":"Endangered regional ecosystems","content":"### sec.22LA Endangered regional ecosystems\n\nEach regional ecosystem identified in the VM REDD as an endangered regional ecosystem is an endangered regional ecosystem.\nThe VM REDD may identify a regional ecosystem as an endangered regional ecosystem only if the Minister is satisfied—\nthe area of remnant vegetation for the regional ecosystem is less than 10% of the pre-clearing extent of the regional ecosystem; or\nthe area of remnant vegetation for the regional ecosystem is—\n10% to 30% of the pre-clearing extent of the regional ecosystem; and\nless than 10,000ha.\ns 22LA ins 2008 No. 8 s 3\namd 2023 No. 2 s 102\n(sec.22LA-ssec.1) Each regional ecosystem identified in the VM REDD as an endangered regional ecosystem is an endangered regional ecosystem.\n(sec.22LA-ssec.2) The VM REDD may identify a regional ecosystem as an endangered regional ecosystem only if the Minister is satisfied— the area of remnant vegetation for the regional ecosystem is less than 10% of the pre-clearing extent of the regional ecosystem; or the area of remnant vegetation for the regional ecosystem is— 10% to 30% of the pre-clearing extent of the regional ecosystem; and less than 10,000ha.\n- (a) the area of remnant vegetation for the regional ecosystem is less than 10% of the pre-clearing extent of the regional ecosystem; or\n- (b) the area of remnant vegetation for the regional ecosystem is— (i) 10% to 30% of the pre-clearing extent of the regional ecosystem; and (ii) less than 10,000ha.\n- (i) 10% to 30% of the pre-clearing extent of the regional ecosystem; and\n- (ii) less than 10,000ha.\n- (i) 10% to 30% of the pre-clearing extent of the regional ecosystem; and\n- (ii) less than 10,000ha.","sortOrder":163},{"sectionNumber":"sec.22LB","sectionType":"section","heading":"Of concern regional ecosystems","content":"### sec.22LB Of concern regional ecosystems\n\nEach regional ecosystem identified in the VM REDD as an of concern regional ecosystem is an of concern regional ecosystem.\nThe VM REDD may identify a regional ecosystem as an of concern regional ecosystem only if the Minister is satisfied—\nthe area of remnant vegetation for the regional ecosystem is 10% to 30% of the pre-clearing extent of the regional ecosystem; or\nthe area of remnant vegetation for the regional ecosystem is—\nmore than 30% of the pre-clearing extent of the regional ecosystem; and\nless than 10,000ha.\ns 22LB ins 2008 No. 8 s 3\namd 2023 No. 2 s 103\n(sec.22LB-ssec.1) Each regional ecosystem identified in the VM REDD as an of concern regional ecosystem is an of concern regional ecosystem.\n(sec.22LB-ssec.2) The VM REDD may identify a regional ecosystem as an of concern regional ecosystem only if the Minister is satisfied— the area of remnant vegetation for the regional ecosystem is 10% to 30% of the pre-clearing extent of the regional ecosystem; or the area of remnant vegetation for the regional ecosystem is— more than 30% of the pre-clearing extent of the regional ecosystem; and less than 10,000ha.\n- (a) the area of remnant vegetation for the regional ecosystem is 10% to 30% of the pre-clearing extent of the regional ecosystem; or\n- (b) the area of remnant vegetation for the regional ecosystem is— (i) more than 30% of the pre-clearing extent of the regional ecosystem; and (ii) less than 10,000ha.\n- (i) more than 30% of the pre-clearing extent of the regional ecosystem; and\n- (ii) less than 10,000ha.\n- (i) more than 30% of the pre-clearing extent of the regional ecosystem; and\n- (ii) less than 10,000ha.","sortOrder":164},{"sectionNumber":"sec.22LC","sectionType":"section","heading":"Least concern regional ecosystems","content":"### sec.22LC Least concern regional ecosystems\n\nEach regional ecosystem identified in the VM REDD as a least concern regional ecosystem is a least concern regional ecosystem.\nThe VM REDD may identify a regional ecosystem as a least concern regional ecosystem only if the Minister is satisfied the area of remnant vegetation for the regional ecosystem is—\nmore than 30% of the pre-clearing extent of the regional ecosystem; and\nmore than 10,000ha.\ns 22LC ins 2008 No. 8 s 3\namd 2009 No. 43 s 63 sch (retro); 2023 No. 2 s 104\n(sec.22LC-ssec.1) Each regional ecosystem identified in the VM REDD as a least concern regional ecosystem is a least concern regional ecosystem.\n(sec.22LC-ssec.2) The VM REDD may identify a regional ecosystem as a least concern regional ecosystem only if the Minister is satisfied the area of remnant vegetation for the regional ecosystem is— more than 30% of the pre-clearing extent of the regional ecosystem; and more than 10,000ha.\n- (a) more than 30% of the pre-clearing extent of the regional ecosystem; and\n- (b) more than 10,000ha.","sortOrder":165},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.22M","sectionType":"section","heading":null,"content":"### Section sec.22M\n\ns 22M ins 2004 No. 1 s 15\nom 2016 No. 27 s 645","sortOrder":167},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 amd 2000 No. 35 s 11\nexp 4 March 2001 (see s 23(3))","sortOrder":168},{"sectionNumber":"pt.3","sectionType":"part","heading":"Enforcement, investigations and offences","content":"# Enforcement, investigations and offences","sortOrder":169},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Enforcement and investigations","content":"## Enforcement and investigations","sortOrder":170},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appointment and qualifications of authorised officers","content":"### sec.24 Appointment and qualifications of authorised officers\n\nThe chief executive may appoint a person as an authorised officer.\nThe chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person has the necessary expertise or experience to be an authorised officer.\n(sec.24-ssec.1) The chief executive may appoint a person as an authorised officer.\n(sec.24-ssec.2) The chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person has the necessary expertise or experience to be an authorised officer.","sortOrder":171},{"sectionNumber":"sec.25","sectionType":"section","heading":"Functions and powers of authorised officers","content":"### sec.25 Functions and powers of authorised officers\n\nAn authorised officer has the functions of—\nconducting investigations and inspections to monitor and enforce compliance with—\nthis Act; and\na vegetation clearing provision; and\ngiving stop work notices and restoration notices.\nAn authorised officer has the powers given under this or another Act.\nAn authorised officer is subject to the directions of the chief executive in exercising the powers.\nThe powers of an authorised officer may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby notice of the chief executive given to the authorised officer.\ns 25 amd 2003 No. 10 s 59 ; 2009 No. 43 s 63 sch (retro)\n(sec.25-ssec.1) An authorised officer has the functions of— conducting investigations and inspections to monitor and enforce compliance with— this Act; and a vegetation clearing provision; and giving stop work notices and restoration notices.\n(sec.25-ssec.2) An authorised officer has the powers given under this or another Act.\n(sec.25-ssec.3) An authorised officer is subject to the directions of the chief executive in exercising the powers.\n(sec.25-ssec.4) The powers of an authorised officer may be limited— under a regulation; or under a condition of appointment; or by notice of the chief executive given to the authorised officer.\n- (a) conducting investigations and inspections to monitor and enforce compliance with— (i) this Act; and (ii) a vegetation clearing provision; and\n- (i) this Act; and\n- (ii) a vegetation clearing provision; and\n- (b) giving stop work notices and restoration notices.\n- (i) this Act; and\n- (ii) a vegetation clearing provision; and\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by notice of the chief executive given to the authorised officer.","sortOrder":172},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conditions of appointment of authorised officers","content":"### sec.26 Conditions of appointment of authorised officers\n\nAn authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\nAn authorised officer—\nif the appointment provides for a term of appointment—ceases to hold office at the end of the term; and\nmay resign by signed notice of resignation given to the chief executive.\n(sec.26-ssec.1) An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\n(sec.26-ssec.2) An authorised officer— if the appointment provides for a term of appointment—ceases to hold office at the end of the term; and may resign by signed notice of resignation given to the chief executive.\n- (a) if the appointment provides for a term of appointment—ceases to hold office at the end of the term; and\n- (b) may resign by signed notice of resignation given to the chief executive.","sortOrder":173},{"sectionNumber":"sec.27","sectionType":"section","heading":"Authorised officer’s identity card","content":"### sec.27 Authorised officer’s identity card\n\nThe chief executive must give each authorised officer an identity card.\nThe identity card must—\ncontain a recent photograph of the authorised officer; and\nbe signed by the authorised officer; and\nidentify the person as an authorised officer under this Act.\nThis section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n(sec.27-ssec.1) The chief executive must give each authorised officer an identity card.\n(sec.27-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and be signed by the authorised officer; and identify the person as an authorised officer under this Act.\n(sec.27-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n- (a) contain a recent photograph of the authorised officer; and\n- (b) be signed by the authorised officer; and\n- (c) identify the person as an authorised officer under this Act.","sortOrder":174},{"sectionNumber":"sec.28","sectionType":"section","heading":"Failure to return identity card","content":"### sec.28 Failure to return identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the chief executive as soon as practicable, but within 15 business days, after ceasing to be an authorised officer, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—50 penalty units.\ns 28 amd 2018 No. 7 s 19","sortOrder":175},{"sectionNumber":"sec.29","sectionType":"section","heading":"Production or display of identity card","content":"### sec.29 Production or display of identity card\n\nAn authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer—\nfirst produces his or her identity card for the person’s inspection; or\nhas the identity card displayed so it is clearly visible to the person.\nIf it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.29-ssec.1) An authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.\n(sec.29-ssec.2) If it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the person.","sortOrder":176},{"sectionNumber":"sec.30","sectionType":"section","heading":"Power to enter places","content":"### sec.30 Power to enter places\n\nAn authorised officer may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe place is—\nthe subject of—\na development approval; or\na lease, licence or permit under the Land Act 1994 ; or\na stop work notice or restoration notice; or\nan enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or\nan activity, being carried out at the time of entry, to which an enforceable undertaking relates; or\na notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\nentered during daylight hours; or\nthe entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or\nthe entry is under section 30A or is authorised by a warrant.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nSubsection (1) (c) does not apply to a part of a place where a person resides.\ns 30 amd 2003 No. 10 s 60 ; 2004 No. 1 ss 16 , 44 (1) sch 1 ; 2009 No. 43 ss 30 , 63 sch amdts 9–10 (retro), 63 sch amdt 11; 2010 No. 52 s 48 ; 2013 No. 24 s 51 ; 2018 No. 7 s 20\n(sec.30-ssec.1) An authorised officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the place is— the subject of— a development approval; or a lease, licence or permit under the Land Act 1994 ; or a stop work notice or restoration notice; or an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and entered during daylight hours; or the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or the entry is under section 30A or is authorised by a warrant.\n(sec.30-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.30-ssec.3) Subsection (1) (c) does not apply to a part of a place where a person resides.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the place is— (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and (ii) entered during daylight hours; or\n- (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\n- (A) a development approval; or\n- (B) a lease, licence or permit under the Land Act 1994 ; or\n- (C) a stop work notice or restoration notice; or\n- (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or\n- (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or\n- (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\n- (ii) entered during daylight hours; or\n- (d) the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or\n- (e) the entry is under section 30A or is authorised by a warrant.\n- (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\n- (A) a development approval; or\n- (B) a lease, licence or permit under the Land Act 1994 ; or\n- (C) a stop work notice or restoration notice; or\n- (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or\n- (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or\n- (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\n- (ii) entered during daylight hours; or\n- (A) a development approval; or\n- (B) a lease, licence or permit under the Land Act 1994 ; or\n- (C) a stop work notice or restoration notice; or\n- (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or\n- (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or\n- (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":177},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Power to enter place on reasonable belief of vegetation clearing offence","content":"### sec.30A Power to enter place on reasonable belief of vegetation clearing offence\n\nThis section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place.\nThe authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place.\nThe authorised officer may exercise powers under subsection (2) , at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\nHowever, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place.\nNotice of the proposed entry must include the following information—\nthat the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place;\nthe reasons for the authorised officer’s belief;\nthat the authorised officer intends to enter the place and may re-enter the place;\nthe purpose of the proposed entry;\nthe dates and times of entry and re-entry.\nIn exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\nThis section does not apply to a part of a place where a person resides.\ns 30A ins 2018 No. 7 s 21\n(sec.30A-ssec.1) This section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place.\n(sec.30A-ssec.2) The authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place.\n(sec.30A-ssec.3) The authorised officer may exercise powers under subsection (2) , at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.30A-ssec.4) However, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place.\n(sec.30A-ssec.5) Notice of the proposed entry must include the following information— that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place; the reasons for the authorised officer’s belief; that the authorised officer intends to enter the place and may re-enter the place; the purpose of the proposed entry; the dates and times of entry and re-entry.\n(sec.30A-ssec.6) In exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\n(sec.30A-ssec.7) This section does not apply to a part of a place where a person resides.\n- (a) that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place;\n- (b) the reasons for the authorised officer’s belief;\n- (c) that the authorised officer intends to enter the place and may re-enter the place;\n- (d) the purpose of the proposed entry;\n- (e) the dates and times of entry and re-entry.","sortOrder":178},{"sectionNumber":"sec.31","sectionType":"section","heading":"Entry with consent","content":"### sec.31 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 30 (1) (a) .\nBefore asking for the consent, the authorised officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised officer consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nA court must find the occupier of a place did not consent to an authorised officer entering the place under this division if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30 (1) (a) ; and\nan acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.31-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 30 (1) (a) .\n(sec.31-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.31-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.31-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.31-ssec.5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.31-ssec.6) A court must find the occupier of a place did not consent to an authorised officer entering the place under this division if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30 (1) (a) ; and an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30 (1) (a) ; and\n- (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":179},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application for warrant","content":"### sec.32 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.32-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.32-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.32-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":180},{"sectionNumber":"sec.33","sectionType":"section","heading":"Issue of warrant","content":"### sec.33 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of a vegetation clearing offence; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat any authorised officer or stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the authorised officer’s powers under this division; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\nThe warrant may, as well as authorising entry of the place, authorise re-entry by stating it on the warrant.\nA provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\ns 33 amd 2004 No. 1 s 17\n(sec.33-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of a vegetation clearing offence; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.33-ssec.2) The warrant must state— that any authorised officer or stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the authorised officer’s powers under this division; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.33-ssec.3) The warrant may, as well as authorising entry of the place, authorise re-entry by stating it on the warrant.\n(sec.33-ssec.4) A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of a vegetation clearing offence; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that any authorised officer or stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the authorised officer’s powers under this division; and\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised officer’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised officer’s powers under this division; and","sortOrder":181},{"sectionNumber":"sec.34","sectionType":"section","heading":"Special warrants","content":"### sec.34 Special warrants\n\nAn authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nBefore applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\nThe authorised officer may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised officer—\nthe magistrate must tell the authorised officer—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant is issued; and\nthe authorised officer must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised officer completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nA court must find the exercise of the power by an authorised officer was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and\nthe special warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the special warrant.\n(sec.34-ssec.1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.34-ssec.2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.34-ssec.3) The authorised officer may apply for the special warrant before the application is sworn.\n(sec.34-ssec.4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\n(sec.34-ssec.5) If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.34-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.34-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form.\n(sec.34-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.34-ssec.9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and the special warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the special warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) the magistrate must tell the authorised officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised officer completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and\n- (b) the special warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the special warrant.","sortOrder":182},{"sectionNumber":"sec.35","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.35 Warrants—procedure before entry\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 34 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIf there is no person present at the place who is an occupier of the place, or it is vacant land, it is sufficient compliance with subsection (2) for the officer, before entering the place, to do or make a reasonable attempt to do the following things—\ncontact an owner or occupier of the place;\ntell the owner or occupier the authorised officer is permitted by the warrant to enter the place;\ngive the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force.\ns 35 amd 2000 No. 35 s 12 ; 2003 No. 10 s 61 ; 2004 No. 1 s 18\n(sec.35-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\n(sec.35-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 34 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.35-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.35-ssec.4) If there is no person present at the place who is an occupier of the place, or it is vacant land, it is sufficient compliance with subsection (2) for the officer, before entering the place, to do or make a reasonable attempt to do the following things— contact an owner or occupier of the place; tell the owner or occupier the authorised officer is permitted by the warrant to enter the place; give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 34 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n- (a) contact an owner or occupier of the place;\n- (b) tell the owner or occupier the authorised officer is permitted by the warrant to enter the place;\n- (c) give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":183},{"sectionNumber":"sec.36","sectionType":"section","heading":"General powers after entering places","content":"### sec.36 General powers after entering places\n\nThis section applies to an authorised officer who enters a place.\nHowever, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act or a vegetation clearing provision, the authorised officer may, subject to subsection (5) —\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\ntake into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or\nrequire an occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or\nrequire an occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act or a vegetation clearing provision is being complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIf the authorised officer enters the place under section 30 (1) (d) for the purpose of giving an occupier a stop work notice, the authorised officer may only—\ngive the occupier the stop work notice; and\ntake into or onto the place any person the authorised officer reasonably requires for giving the notice.\ns 36 amd 2003 No. 10 s 62 ; 2004 No. 1 s 44 (1) sch 1 ; 2009 No. 43 s 63 sch (retro)\n(sec.36-ssec.1) This section applies to an authorised officer who enters a place.\n(sec.36-ssec.2) However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\n(sec.36-ssec.3) For monitoring or enforcing compliance with this Act or a vegetation clearing provision, the authorised officer may, subject to subsection (5) — search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or require an occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or require an occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act or a vegetation clearing provision is being complied with.\n(sec.36-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.36-ssec.5) If the authorised officer enters the place under section 30 (1) (d) for the purpose of giving an occupier a stop work notice, the authorised officer may only— give the occupier the stop work notice; and take into or onto the place any person the authorised officer reasonably requires for giving the notice.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or\n- (f) require an occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or\n- (g) require an occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act or a vegetation clearing provision is being complied with.\n- (a) give the occupier the stop work notice; and\n- (b) take into or onto the place any person the authorised officer reasonably requires for giving the notice.","sortOrder":184},{"sectionNumber":"sec.37","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.37 Failure to help authorised officer\n\nA person required to give reasonable help under section 36 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.\ns 37 amd 2018 No. 7 s 22\n(sec.37-ssec.1) A person required to give reasonable help under section 36 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.37-ssec.2) If the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.","sortOrder":185},{"sectionNumber":"sec.38","sectionType":"section","heading":"Failure to give information","content":"### sec.38 Failure to give information\n\nA person of whom a requirement is made under section 36 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.\ns 38 amd 2018 No. 7 s 23\n(sec.38-ssec.1) A person of whom a requirement is made under section 36 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.38-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.","sortOrder":186},{"sectionNumber":"sec.39","sectionType":"section","heading":"Seizing evidence","content":"### sec.39 Seizing evidence\n\nThis section applies if, under this division, an authorised officer enters a place after obtaining the consent of an occupier or under section 30A or a warrant.\nIf the authorised officer enters the place with the occupier’s consent or under section 30A , the authorised officer may seize a thing at the place if—\nthe authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and\neither—\nif the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or\nif the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.\nIf the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer may seize anything else at the place if the authorised officer reasonably believes—\nthe thing is evidence of a vegetation clearing offence; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing a vegetation clearing offence.\ns 39 amd 2003 No. 10 s 63 ; 2004 No. 1 s 44 (1) sch 1 ; 2018 No. 7 s 24\n(sec.39-ssec.1) This section applies if, under this division, an authorised officer enters a place after obtaining the consent of an occupier or under section 30A or a warrant.\n(sec.39-ssec.2) If the authorised officer enters the place with the occupier’s consent or under section 30A , the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and either— if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.\n(sec.39-ssec.3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.39-ssec.4) The authorised officer may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of a vegetation clearing offence; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.39-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing a vegetation clearing offence.\n- (a) the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and\n- (b) either— (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.\n- (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or\n- (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.\n- (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or\n- (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.\n- (a) the thing is evidence of a vegetation clearing offence; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":187},{"sectionNumber":"sec.40","sectionType":"section","heading":"Securing seized things","content":"### sec.40 Securing seized things\n\nHaving seized a thing, an authorised officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it; or\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\nif the thing is equipment—make it inoperable.\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it; or Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\n- (c) if the thing is equipment—make it inoperable. Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted","sortOrder":188},{"sectionNumber":"sec.41","sectionType":"section","heading":"Tampering with seized things","content":"### sec.41 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\nIf an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\n(sec.41-ssec.1) If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval. Maximum penalty—100 penalty units.\n(sec.41-ssec.2) If an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval. Maximum penalty—100 penalty units.","sortOrder":189},{"sectionNumber":"sec.42","sectionType":"section","heading":"Powers to support seizure","content":"### sec.42 Powers to support seizure\n\nTo enable a thing to be seized, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.42-ssec.1) To enable a thing to be seized, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.42-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\n(sec.42-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.42-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.","sortOrder":190},{"sectionNumber":"sec.43","sectionType":"section","heading":"Receipts for seized things","content":"### sec.43 Receipts for seized things\n\nAs soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.\n(sec.43-ssec.1) As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.43-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.43-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.43-ssec.4) This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.","sortOrder":191},{"sectionNumber":"sec.44","sectionType":"section","heading":"Forfeiture by authorised officer","content":"### sec.44 Forfeiture by authorised officer\n\nA thing that has been seized under this subdivision is forfeited to the State if the authorised officer who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nthe owner of the thing has migrated to another country\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.44-ssec.1) A thing that has been seized under this subdivision is forfeited to the State if the authorised officer who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.44-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. the owner of the thing has migrated to another country\n(sec.44-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":192},{"sectionNumber":"sec.45","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.45 Forfeiture on conviction\n\nOn conviction of a person for a vegetation clearing offence, the court may order the forfeiture to the State of anything owned by the person and seized under this subdivision.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.45-ssec.1) On conviction of a person for a vegetation clearing offence, the court may order the forfeiture to the State of anything owned by the person and seized under this subdivision.\n(sec.45-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.45-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":193},{"sectionNumber":"sec.46","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.46 Dealing with forfeited things\n\nOn forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or dispose of the thing.\n(sec.46-ssec.1) On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.46-ssec.2) Without limiting subsection (1) , the chief executive may destroy or dispose of the thing.","sortOrder":194},{"sectionNumber":"sec.47","sectionType":"section","heading":"Return of seized things","content":"### sec.47 Return of seized things\n\nIf a seized thing is not forfeited, the authorised officer must return it to its owner—\nat the end of 6 months; or\nif a proceeding for a vegetation clearing offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—\nits continued retention as evidence is necessary; or\nits continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n(sec.47-ssec.1) If a seized thing is not forfeited, the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for a vegetation clearing offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.47-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for a vegetation clearing offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is necessary; or\n- (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.","sortOrder":195},{"sectionNumber":"sec.48","sectionType":"section","heading":"Access to seized things","content":"### sec.48 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.\n(sec.48-ssec.1) Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.48-ssec.2) Subsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.","sortOrder":196},{"sectionNumber":"sec.49","sectionType":"section","heading":"Power to require name and address","content":"### sec.49 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing a vegetation clearing offence; or\nfinds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed a vegetation clearing offence; or\nhas information that leads the authorised officer reasonably to suspect a person has just committed a vegetation clearing offence.\nThe authorised officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.\ns 49 amd 2009 No. 43 s 31\n(sec.49-ssec.1) This section applies if an authorised officer— finds a person committing a vegetation clearing offence; or finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed a vegetation clearing offence; or has information that leads the authorised officer reasonably to suspect a person has just committed a vegetation clearing offence.\n(sec.49-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.49-ssec.3) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.49-ssec.4) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.\n- (a) finds a person committing a vegetation clearing offence; or\n- (b) finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed a vegetation clearing offence; or\n- (c) has information that leads the authorised officer reasonably to suspect a person has just committed a vegetation clearing offence.","sortOrder":197},{"sectionNumber":"sec.50","sectionType":"section","heading":"Failure to give name or address","content":"### sec.50 Failure to give name or address\n\nA person of whom a requirement is made under section 49 must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed a vegetation clearing offence; and\nthe person is not proved to have committed the offence.\n(sec.50-ssec.1) A person of whom a requirement is made under section 49 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.50-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed a vegetation clearing offence; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed a vegetation clearing offence; and\n- (b) the person is not proved to have committed the offence.","sortOrder":198},{"sectionNumber":"sec.51","sectionType":"section","heading":"Power to require information","content":"### sec.51 Power to require information\n\nThis section applies if an authorised officer reasonably believes—\na vegetation clearing offence has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\nThe person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.\nIf a person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.\ns 51 amd 2003 No. 10 s 64 ; 2013 No. 24 s 52 ; 2018 No. 7 s 25\n(sec.51-ssec.1) This section applies if an authorised officer reasonably believes— a vegetation clearing offence has been committed; and a person may be able to give information about the offence.\n(sec.51-ssec.2) The authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\n(sec.51-ssec.3) The person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.51-ssec.4) It is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.\n(sec.51-ssec.5) If a person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.\n- (a) a vegetation clearing offence has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":199},{"sectionNumber":"sec.52","sectionType":"section","heading":"Power to require production of documents","content":"### sec.52 Power to require production of documents\n\nAn authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document relating to the clearing of vegetation.\nThe authorised officer may keep the document to copy it.\nIf the authorised officer copies a document mentioned in subsection (1) , or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised officer must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised officer may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is a document production requirement .\ns 52 amd 2003 No. 10 s 76 sch\n(sec.52-ssec.1) An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document relating to the clearing of vegetation.\n(sec.52-ssec.2) The authorised officer may keep the document to copy it.\n(sec.52-ssec.3) If the authorised officer copies a document mentioned in subsection (1) , or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.52-ssec.4) The authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.52-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised officer may keep the document until the person complies with the requirement.\n(sec.52-ssec.6) A requirement under subsection (1) is a document production requirement .","sortOrder":200},{"sectionNumber":"sec.53","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.53 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.\ns 53 amd 2013 No. 24 s 53 ; 2018 No. 7 s 26\n(sec.53-ssec.1) A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.53-ssec.2) It is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":201},{"sectionNumber":"sec.54","sectionType":"section","heading":"Failure to produce document","content":"### sec.54 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.\nIf a person is convicted of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.\ns 54 amd 2003 No. 10 s 65 ; 2013 No. 24 s 54 ; 2018 No. 7 s 27\n(sec.54-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.54-ssec.2) It is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.\n(sec.54-ssec.3) If a person is convicted of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.","sortOrder":202},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Stop work notice","content":"### sec.54A Stop work notice\n\nThis section applies if an official reasonably believes a person is committing, or has committed, a vegetation clearing offence.\nThe official may give the person a notice (a stop work notice ) requiring the person to stop committing the offence or not to commit that type of offence again.\nThe notice may require a person to do any or all of the following on or before a stated time or within a stated period—\nto stop carrying out development\nto demolish or remove development\nto not remove, burn, dispose of, or otherwise cause to be removed, burnt, or disposed of, any felled vegetation\nThe stop work notice must state—\nthat the official believes the person is committing, or has committed, a vegetation clearing offence; and\nthe vegetation clearing offence the official believes is being, or has been, committed; and\nbriefly, how it is believed the offence is being, or has been, committed.\nThe stop work notice must be accompanied by or include an information notice about the decision to give the notice.\nThe person must comply with the stop work notice unless the person has a reasonable excuse.\nMaximum penalty—4,500 penalty units.\ns 54A ins 2009 No. 43 s 32 (retro)\namd 2018 No. 7 s 28\n(sec.54A-ssec.1) This section applies if an official reasonably believes a person is committing, or has committed, a vegetation clearing offence.\n(sec.54A-ssec.2) The official may give the person a notice (a stop work notice ) requiring the person to stop committing the offence or not to commit that type of offence again. The notice may require a person to do any or all of the following on or before a stated time or within a stated period— to stop carrying out development to demolish or remove development to not remove, burn, dispose of, or otherwise cause to be removed, burnt, or disposed of, any felled vegetation\n(sec.54A-ssec.3) The stop work notice must state— that the official believes the person is committing, or has committed, a vegetation clearing offence; and the vegetation clearing offence the official believes is being, or has been, committed; and briefly, how it is believed the offence is being, or has been, committed.\n(sec.54A-ssec.4) The stop work notice must be accompanied by or include an information notice about the decision to give the notice.\n(sec.54A-ssec.5) The person must comply with the stop work notice unless the person has a reasonable excuse. Maximum penalty—4,500 penalty units.\n- • to stop carrying out development\n- • to demolish or remove development\n- • to not remove, burn, dispose of, or otherwise cause to be removed, burnt, or disposed of, any felled vegetation\n- (a) that the official believes the person is committing, or has committed, a vegetation clearing offence; and\n- (b) the vegetation clearing offence the official believes is being, or has been, committed; and\n- (c) briefly, how it is believed the offence is being, or has been, committed.","sortOrder":203},{"sectionNumber":"sec.54B","sectionType":"section","heading":"Restoration notice","content":"### sec.54B Restoration notice\n\nThis section applies if an official reasonably believes—\na person has committed a vegetation clearing offence, whether before or after the commencement of this section; and\nthe matter is capable of being rectified.\nThe official may give the person a notice (a restoration notice ) requiring the person to rectify the matter.\nThe restoration notice must state—\nthat the official believes the person has committed a vegetation clearing offence; and\nthe vegetation clearing offence the official believes has been committed; and\nbriefly, how it is believed the offence has been committed; and\nthe matter the official believes is reasonably capable of being rectified; and\nthe reasonable steps the person must take to rectify the matter; and\nthe stated reasonable period in which the person must take the steps.\nThe restoration notice must be accompanied by or include an information notice about the decision to give the notice.\nThe person must comply with the restoration notice unless the person has a reasonable excuse.\nMaximum penalty—4,500 penalty units.\nIn this section—\nstep includes any action or other measure the official believes is necessary to rectify the matter.\ngiving a proposed restoration plan under section 55AB (1) or making a request under section 55AB (3)\nsetting objectives and timeframes for restoring the vegetation\ngiving the chief executive a progress report about whether the steps taken within a particular period to rectify the matter have satisfied a stated objective\ns 54B ins 2009 No. 43 s 32 (retro)\namd 2018 No. 7 s 29\n(sec.54B-ssec.1) This section applies if an official reasonably believes— a person has committed a vegetation clearing offence, whether before or after the commencement of this section; and the matter is capable of being rectified.\n(sec.54B-ssec.2) The official may give the person a notice (a restoration notice ) requiring the person to rectify the matter.\n(sec.54B-ssec.3) The restoration notice must state— that the official believes the person has committed a vegetation clearing offence; and the vegetation clearing offence the official believes has been committed; and briefly, how it is believed the offence has been committed; and the matter the official believes is reasonably capable of being rectified; and the reasonable steps the person must take to rectify the matter; and the stated reasonable period in which the person must take the steps.\n(sec.54B-ssec.4) The restoration notice must be accompanied by or include an information notice about the decision to give the notice.\n(sec.54B-ssec.5) The person must comply with the restoration notice unless the person has a reasonable excuse. Maximum penalty—4,500 penalty units.\n(sec.54B-ssec.6) In this section— step includes any action or other measure the official believes is necessary to rectify the matter. giving a proposed restoration plan under section 55AB (1) or making a request under section 55AB (3) setting objectives and timeframes for restoring the vegetation giving the chief executive a progress report about whether the steps taken within a particular period to rectify the matter have satisfied a stated objective\n- (a) a person has committed a vegetation clearing offence, whether before or after the commencement of this section; and\n- (b) the matter is capable of being rectified.\n- (a) that the official believes the person has committed a vegetation clearing offence; and\n- (b) the vegetation clearing offence the official believes has been committed; and\n- (c) briefly, how it is believed the offence has been committed; and\n- (d) the matter the official believes is reasonably capable of being rectified; and\n- (e) the reasonable steps the person must take to rectify the matter; and\n- (f) the stated reasonable period in which the person must take the steps.\n- • giving a proposed restoration plan under section 55AB (1) or making a request under section 55AB (3)\n- • setting objectives and timeframes for restoring the vegetation\n- • giving the chief executive a progress report about whether the steps taken within a particular period to rectify the matter have satisfied a stated objective","sortOrder":204},{"sectionNumber":"sec.54C","sectionType":"section","heading":"Contravention of stop work notices and restoration notices","content":"### sec.54C Contravention of stop work notices and restoration notices\n\nThis section applies to a person who is given a stop work notice or a restoration notice.\nIf the person does an act, or makes an omission, in contravention of the stop work notice or restoration notice, an official may use reasonable force and take any other reasonable action to stop the contravention.\nAny reasonable cost or expense incurred by the official in doing anything under subsection (2) may be recovered as a debt owing to the State by the person.\ns 54C ins 2009 No. 43 s 32 (retro)\n(sec.54C-ssec.1) This section applies to a person who is given a stop work notice or a restoration notice.\n(sec.54C-ssec.2) If the person does an act, or makes an omission, in contravention of the stop work notice or restoration notice, an official may use reasonable force and take any other reasonable action to stop the contravention.\n(sec.54C-ssec.3) Any reasonable cost or expense incurred by the official in doing anything under subsection (2) may be recovered as a debt owing to the State by the person.","sortOrder":205},{"sectionNumber":"sec.55","sectionType":"section","heading":"Transfer of land the subject of restoration notice","content":"### sec.55 Transfer of land the subject of restoration notice\n\nIf a person has an interest in land the subject of a restoration notice and all or part of the interest, to the extent it is the subject of the restoration notice, is transferred, in any way, to another person (the transferee ), on the transfer—\na reference in the restoration notice to the person is taken to be a reference to the transferee; and\nthe restoration notice is taken to have been given to the transferee on the transfer of the interest; and\nany outstanding liability, other than criminal liability, of the person becomes a liability of the transferee.\nIf the restoration notice requires a matter to be rectified by a stated day or within a stated period and it is not reasonably practical for the transferee to comply with the notice by the stated day or within the stated period, the transferee may ask the chief executive to extend the time for compliance with the notice.\nA is given a restoration notice on 1 January 2010 requiring A to rectify a matter by 30 June 2010. In May 2010, A transfers the land the subject of the restoration notice to B.\nIf the chief executive, by written notice given to the transferee, extends the time for compliance with the restoration notice, the restoration notice is taken to require the matter to be rectified within the extended time for compliance stated in the chief executive’s written notice.\nTo remove any doubt, it is declared that on the transfer of the interest, the person to whom the restoration notice was given is not criminally liable for any contravention of the restoration notice that happens on or after the transfer of the interest.\nSubsections (1) to (4) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.\ns 55 amd 2003 No. 10 s 66 ; 2004 No. 1 s 19 ; 2009 No. 43 s 33 (retro)\n(sec.55-ssec.1) If a person has an interest in land the subject of a restoration notice and all or part of the interest, to the extent it is the subject of the restoration notice, is transferred, in any way, to another person (the transferee ), on the transfer— a reference in the restoration notice to the person is taken to be a reference to the transferee; and the restoration notice is taken to have been given to the transferee on the transfer of the interest; and any outstanding liability, other than criminal liability, of the person becomes a liability of the transferee.\n(sec.55-ssec.2) If the restoration notice requires a matter to be rectified by a stated day or within a stated period and it is not reasonably practical for the transferee to comply with the notice by the stated day or within the stated period, the transferee may ask the chief executive to extend the time for compliance with the notice. A is given a restoration notice on 1 January 2010 requiring A to rectify a matter by 30 June 2010. In May 2010, A transfers the land the subject of the restoration notice to B.\n(sec.55-ssec.3) If the chief executive, by written notice given to the transferee, extends the time for compliance with the restoration notice, the restoration notice is taken to require the matter to be rectified within the extended time for compliance stated in the chief executive’s written notice.\n(sec.55-ssec.4) To remove any doubt, it is declared that on the transfer of the interest, the person to whom the restoration notice was given is not criminally liable for any contravention of the restoration notice that happens on or after the transfer of the interest.\n(sec.55-ssec.5) Subsections (1) to (4) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.\n- (a) a reference in the restoration notice to the person is taken to be a reference to the transferee; and\n- (b) the restoration notice is taken to have been given to the transferee on the transfer of the interest; and\n- (c) any outstanding liability, other than criminal liability, of the person becomes a liability of the transferee.","sortOrder":206},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Record of restoration notice in land registry","content":"### sec.55A Record of restoration notice in land registry\n\nAs soon as practicable after a restoration notice is given, the chief executive must give the registrar of titles written notice of the giving of the restoration notice.\nThe registrar must keep records showing the restoration notice has been given.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the restoration notice will show the notice has been given.\nAs soon as practicable after the restoration notice has been complied with, withdrawn or in any other way terminated, the chief executive must give written notice of the fact to the registrar.\nAs soon as practicable after receiving a notice under subsection (4) , the registrar must remove the particulars of the restoration notice from the registrar’s records.\ns 55A ins 2003 No. 10 s 67\namd 2009 No. 43 s 34 (retro)\n(sec.55A-ssec.1) As soon as practicable after a restoration notice is given, the chief executive must give the registrar of titles written notice of the giving of the restoration notice.\n(sec.55A-ssec.2) The registrar must keep records showing the restoration notice has been given.\n(sec.55A-ssec.3) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the restoration notice will show the notice has been given.\n(sec.55A-ssec.4) As soon as practicable after the restoration notice has been complied with, withdrawn or in any other way terminated, the chief executive must give written notice of the fact to the registrar.\n(sec.55A-ssec.5) As soon as practicable after receiving a notice under subsection (4) , the registrar must remove the particulars of the restoration notice from the registrar’s records.","sortOrder":207},{"sectionNumber":"sec.55AA","sectionType":"section","heading":"Application of sdiv 8","content":"### sec.55AA Application of sdiv 8\n\nThis subdivision applies if—\nan official gives a person a restoration notice in relation to the committing of a vegetation clearing offence on land; and\nthe notice requires the person to prepare a plan (a restoration plan ) to rectify the matter by restoring vegetation on the land.\ns 55AA ins 2009 No. 43 s 35 (retro)\n- (a) an official gives a person a restoration notice in relation to the committing of a vegetation clearing offence on land; and\n- (b) the notice requires the person to prepare a plan (a restoration plan ) to rectify the matter by restoring vegetation on the land.","sortOrder":208},{"sectionNumber":"sec.55AB","sectionType":"section","heading":"Preparing restoration plan","content":"### sec.55AB Preparing restoration plan\n\nThe person must, within the reasonable period stated in the restoration notice, prepare and give the chief executive a proposed restoration plan for the land.\nThe restoration plan must include the matters stated for the plan in the restoration notice.\nHowever, the person may, within 20 business days after the restoration notice is given, ask the chief executive to prepare a restoration plan for the land.\nThe fee payable to the chief executive for preparing the plan must not be more than the fee prescribed under a regulation.\ns 55AB ins 2009 No. 43 s 35 (retro)\n(sec.55AB-ssec.1) The person must, within the reasonable period stated in the restoration notice, prepare and give the chief executive a proposed restoration plan for the land.\n(sec.55AB-ssec.2) The restoration plan must include the matters stated for the plan in the restoration notice.\n(sec.55AB-ssec.3) However, the person may, within 20 business days after the restoration notice is given, ask the chief executive to prepare a restoration plan for the land.\n(sec.55AB-ssec.4) The fee payable to the chief executive for preparing the plan must not be more than the fee prescribed under a regulation.","sortOrder":209},{"sectionNumber":"sec.55AC","sectionType":"section","heading":"Approving restoration plan","content":"### sec.55AC Approving restoration plan\n\nThe chief executive must review a proposed restoration plan given to the chief executive under section 55AB (1) and—\napprove the plan; or\nif the chief executive considers the plan does not adequately rectify the matter, ask the person—\nto consider or further consider any matter; and\nto amend the plan in the light of the person’s consideration or further consideration; and\nto give the amended plan to the chief executive for approval; or\nask the person to make stated changes to the plan and give the amended plan to the chief executive for approval.\nThe person must give the amended restoration plan to the chief executive within 20 business days after the chief executive makes a request under subsection (1) (b) or (c) .\nThe chief executive must review the amended restoration plan and approve the plan or refuse to approve the plan.\nIf the chief executive approves the restoration plan under subsection (1) (a) or (3) , the chief executive must give the person notice that the plan or amended plan is the approved restoration plan.\nIf the chief executive refuses to approve the amended restoration plan, the chief executive must give the person—\nnotice of the refusal; and\nan information notice about the decision to refuse to approve the plan.\nIf the person asks the chief executive to prepare the restoration plan under section 55AB (3) , the plan prepared by the chief executive is the approved restoration plan.\ns 55AC ins 2009 No. 43 s 35 (retro)\n(sec.55AC-ssec.1) The chief executive must review a proposed restoration plan given to the chief executive under section 55AB (1) and— approve the plan; or if the chief executive considers the plan does not adequately rectify the matter, ask the person— to consider or further consider any matter; and to amend the plan in the light of the person’s consideration or further consideration; and to give the amended plan to the chief executive for approval; or ask the person to make stated changes to the plan and give the amended plan to the chief executive for approval.\n(sec.55AC-ssec.2) The person must give the amended restoration plan to the chief executive within 20 business days after the chief executive makes a request under subsection (1) (b) or (c) .\n(sec.55AC-ssec.3) The chief executive must review the amended restoration plan and approve the plan or refuse to approve the plan.\n(sec.55AC-ssec.4) If the chief executive approves the restoration plan under subsection (1) (a) or (3) , the chief executive must give the person notice that the plan or amended plan is the approved restoration plan.\n(sec.55AC-ssec.5) If the chief executive refuses to approve the amended restoration plan, the chief executive must give the person— notice of the refusal; and an information notice about the decision to refuse to approve the plan.\n(sec.55AC-ssec.6) If the person asks the chief executive to prepare the restoration plan under section 55AB (3) , the plan prepared by the chief executive is the approved restoration plan.\n- (a) approve the plan; or\n- (b) if the chief executive considers the plan does not adequately rectify the matter, ask the person— (i) to consider or further consider any matter; and (ii) to amend the plan in the light of the person’s consideration or further consideration; and (iii) to give the amended plan to the chief executive for approval; or\n- (i) to consider or further consider any matter; and\n- (ii) to amend the plan in the light of the person’s consideration or further consideration; and\n- (iii) to give the amended plan to the chief executive for approval; or\n- (c) ask the person to make stated changes to the plan and give the amended plan to the chief executive for approval.\n- (i) to consider or further consider any matter; and\n- (ii) to amend the plan in the light of the person’s consideration or further consideration; and\n- (iii) to give the amended plan to the chief executive for approval; or\n- (a) notice of the refusal; and\n- (b) an information notice about the decision to refuse to approve the plan.","sortOrder":210},{"sectionNumber":"sec.55AD","sectionType":"section","heading":"Chief executive may amend approved restoration plan","content":"### sec.55AD Chief executive may amend approved restoration plan\n\nThe chief executive may amend the approved restoration plan at any time.\nBefore amending the approved restoration plan, the chief executive must give the person a written notice inviting the person to show why the plan should not be amended.\nThe notice must state each of the following—\nthe grounds for the proposed amendment of the plan;\nthe facts and circumstances forming the basis for the grounds;\nthe proposed amendment of the plan;\nthat the person may make submissions about the proposed amendment;\nhow to make a properly made submission;\nwhere the submission may be made or sent;\na period within which the submission must be made.\nThe stated period must be at least 20 business days after the notice is given.\nIf, after considering any properly made submission by the person, the chief executive still considers the approved restoration plan should be amended, the chief executive may amend the plan.\nIn this section—\nproperly made submission means a submission that—\nis written; and\nis signed by each person (a signatory ) who made the submission; and\nstates the name and address of each signatory; and\nstates the grounds of the submission and the facts and circumstances relied on in support of the grounds; and\nis made to the person stated in the notice inviting the submission; and\nis received on or before the last day for the making of the submission.\ns 55AD ins 2009 No. 43 s 35 (retro)\n(sec.55AD-ssec.1) The chief executive may amend the approved restoration plan at any time.\n(sec.55AD-ssec.2) Before amending the approved restoration plan, the chief executive must give the person a written notice inviting the person to show why the plan should not be amended.\n(sec.55AD-ssec.3) The notice must state each of the following— the grounds for the proposed amendment of the plan; the facts and circumstances forming the basis for the grounds; the proposed amendment of the plan; that the person may make submissions about the proposed amendment; how to make a properly made submission; where the submission may be made or sent; a period within which the submission must be made.\n(sec.55AD-ssec.4) The stated period must be at least 20 business days after the notice is given.\n(sec.55AD-ssec.5) If, after considering any properly made submission by the person, the chief executive still considers the approved restoration plan should be amended, the chief executive may amend the plan.\n(sec.55AD-ssec.6) In this section— properly made submission means a submission that— is written; and is signed by each person (a signatory ) who made the submission; and states the name and address of each signatory; and states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and is made to the person stated in the notice inviting the submission; and is received on or before the last day for the making of the submission. s 55AD ins 2009 No. 43 s 35 (retro)\n- (a) the grounds for the proposed amendment of the plan;\n- (b) the facts and circumstances forming the basis for the grounds;\n- (c) the proposed amendment of the plan;\n- (d) that the person may make submissions about the proposed amendment;\n- (e) how to make a properly made submission;\n- (f) where the submission may be made or sent;\n- (g) a period within which the submission must be made.\n- (a) is written; and\n- (b) is signed by each person (a signatory ) who made the submission; and\n- (c) states the name and address of each signatory; and\n- (d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and\n- (e) is made to the person stated in the notice inviting the submission; and\n- (f) is received on or before the last day for the making of the submission.","sortOrder":211},{"sectionNumber":"sec.55AE","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.55AE Steps after, and taking effect of, decision\n\nIf the chief executive decides to amend the approved restoration plan—\nthe chief executive must give the person an information notice about the decision; and\nthe amendment does not take effect until the end of the review period for the decision; and\nthe plan, as amended, becomes the approved restoration plan for the land.\nIf the chief executive decides not to amend the approved plan, the chief executive must give the person notice of the decision.\nIn this section—\nreview period , for a decision, means the period provided for under section 63 for applying for an internal review of the decision.\ns 55AE ins 2009 No. 43 s 35 (retro)\n(sec.55AE-ssec.1) If the chief executive decides to amend the approved restoration plan— the chief executive must give the person an information notice about the decision; and the amendment does not take effect until the end of the review period for the decision; and the plan, as amended, becomes the approved restoration plan for the land.\n(sec.55AE-ssec.2) If the chief executive decides not to amend the approved plan, the chief executive must give the person notice of the decision.\n(sec.55AE-ssec.3) In this section— review period , for a decision, means the period provided for under section 63 for applying for an internal review of the decision. s 55AE ins 2009 No. 43 s 35 (retro)\n- (a) the chief executive must give the person an information notice about the decision; and\n- (b) the amendment does not take effect until the end of the review period for the decision; and\n- (c) the plan, as amended, becomes the approved restoration plan for the land.","sortOrder":212},{"sectionNumber":"sec.55AF","sectionType":"section","heading":"Failure to comply with restoration notice","content":"### sec.55AF Failure to comply with restoration notice\n\nThe person is taken not to have complied with the restoration notice if—\nthe person fails to give the chief executive a proposed restoration plan within the period stated in the restoration notice; or\nfor a restoration plan not approved under section 55AC (1) (a) —\nthe person fails to comply with section 55AC (2) ; or\nthe chief executive refuses to approve the restoration plan under section 55AC (5) .\nAlso, the person is taken not to have complied with the restoration notice if the person fails to comply with the approved restoration plan.\nFor the effect of a failure to comply with a restoration notice, see section 54B (5) .\nSubsection (1) does not apply if the person has under section 55AB (3) asked the chief executive to prepare a restoration plan for the land.\ns 55AF ins 2009 No. 43 s 35 (retro)\n(sec.55AF-ssec.1) The person is taken not to have complied with the restoration notice if— the person fails to give the chief executive a proposed restoration plan within the period stated in the restoration notice; or for a restoration plan not approved under section 55AC (1) (a) — the person fails to comply with section 55AC (2) ; or the chief executive refuses to approve the restoration plan under section 55AC (5) .\n(sec.55AF-ssec.2) Also, the person is taken not to have complied with the restoration notice if the person fails to comply with the approved restoration plan. For the effect of a failure to comply with a restoration notice, see section 54B (5) .\n(sec.55AF-ssec.3) Subsection (1) does not apply if the person has under section 55AB (3) asked the chief executive to prepare a restoration plan for the land. s 55AF ins 2009 No. 43 s 35 (retro)\n- (a) the person fails to give the chief executive a proposed restoration plan within the period stated in the restoration notice; or\n- (b) for a restoration plan not approved under section 55AC (1) (a) — (i) the person fails to comply with section 55AC (2) ; or (ii) the chief executive refuses to approve the restoration plan under section 55AC (5) .\n- (i) the person fails to comply with section 55AC (2) ; or\n- (ii) the chief executive refuses to approve the restoration plan under section 55AC (5) .\n- (i) the person fails to comply with section 55AC (2) ; or\n- (ii) the chief executive refuses to approve the restoration plan under section 55AC (5) .","sortOrder":213},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Other enforcement provisions","content":"## Other enforcement provisions","sortOrder":214},{"sectionNumber":"sec.55B","sectionType":"section","heading":"Purpose of sdiv 1","content":"### sec.55B Purpose of sdiv 1\n\nThe purpose of this subdivision is to help an authorised officer to decide whether the authorised officer’s unaccompanied entry of a place under division 1 would create an unacceptable level of risk to the authorised officer’s safety.\ns 55B ins 2003 No. 10 s 68","sortOrder":215},{"sectionNumber":"sec.55C","sectionType":"section","heading":"Chief executive’s power to obtain criminal history report","content":"### sec.55C Chief executive’s power to obtain criminal history report\n\nThe chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if the authorised officer reasonably suspects the person may be present at the place when the authorised officer enters the place under division 1 .\nThe commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.\nThe chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.\nThe chief executive may give the authorised officer information in the report about the offences identified under subsection (4) .\ns 55C ins 2003 No. 10 s 68\n(sec.55C-ssec.1) The chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if the authorised officer reasonably suspects the person may be present at the place when the authorised officer enters the place under division 1 .\n(sec.55C-ssec.2) The commissioner must give the report to the chief executive.\n(sec.55C-ssec.3) However, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.\n(sec.55C-ssec.4) The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.\n(sec.55C-ssec.5) The chief executive may give the authorised officer information in the report about the offences identified under subsection (4) . s 55C ins 2003 No. 10 s 68","sortOrder":216},{"sectionNumber":"sec.55D","sectionType":"section","heading":"Criminal history is confidential document","content":"### sec.55D Criminal history is confidential document\n\nA person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 55C .\nMaximum penalty—100 penalty units.\nHowever, the person does not contravene subsection (1) if—\nthe disclosure is for the purpose of the other person performing a function under or in relation to this Act; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report or information as soon as practicable after the authorised officer considers the risk mentioned in section 55B .\ns 55D ins 2003 No. 10 s 68\n(sec.55D-ssec.1) A person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 55C . Maximum penalty—100 penalty units.\n(sec.55D-ssec.2) However, the person does not contravene subsection (1) if— the disclosure is for the purpose of the other person performing a function under or in relation to this Act; or the disclosure is otherwise required or permitted by law.\n(sec.55D-ssec.3) The chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report or information as soon as practicable after the authorised officer considers the risk mentioned in section 55B . s 55D ins 2003 No. 10 s 68\n- (a) the disclosure is for the purpose of the other person performing a function under or in relation to this Act; or\n- (b) the disclosure is otherwise required or permitted by law.","sortOrder":217},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice of damage","content":"### sec.56 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised officer damages property.\nThe authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.56-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property.\n(sec.56-ssec.2) The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.56-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\n(sec.56-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.56-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.56-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised officer damages property.","sortOrder":218},{"sectionNumber":"sec.57","sectionType":"section","heading":"Compensation","content":"### sec.57 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 1 , subdivision 2 , 4 or 5 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor a vegetation clearing offence brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.57-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 1 , subdivision 2 , 4 or 5 .\n(sec.57-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.57-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for a vegetation clearing offence brought against the person claiming compensation.\n(sec.57-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for a vegetation clearing offence brought against the person claiming compensation.","sortOrder":219},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"General offences","content":"## General offences","sortOrder":220},{"sectionNumber":"sec.58","sectionType":"section","heading":"False or misleading statements","content":"### sec.58 False or misleading statements\n\nA person must not state anything to an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.\ns 58 amd 2018 No. 7 s 30\n(sec.58-ssec.1) A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.58-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.","sortOrder":221},{"sectionNumber":"sec.59","sectionType":"section","heading":"False or misleading documents","content":"### sec.59 False or misleading documents\n\nA person must not give an authorised officer a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.\ns 59 amd 2018 No. 7 s 31\n(sec.59-ssec.1) A person must not give an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.59-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.59-ssec.3) In a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.\n- (a) tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":222},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Impersonation of authorised officer","content":"### sec.59A Impersonation of authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—200 penalty units.\ns 59A ins 2004 No. 1 s 20\namd 2018 No. 7 s 32","sortOrder":223},{"sectionNumber":"sec.60","sectionType":"section","heading":"Obstructing an authorised officer","content":"### sec.60 Obstructing an authorised officer\n\nA person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder and threaten, and attempt to obstruct.\ns 60 amd 2018 No. 7 s 33\n(sec.60-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.60-ssec.2) If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct an obstruction.\n(sec.60-ssec.3) In this section— obstruct includes assault, hinder and threaten, and attempt to obstruct.\n- (a) it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct an obstruction.","sortOrder":224},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Executive officers must ensure corporation complies with Act","content":"### sec.60A Executive officers must ensure corporation complies with Act\n\nThe executive officers of a corporation must ensure the corporation complies with this Act.\nIf a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision.\nMaximum penalty for subsection (2) —the penalty for the contravention of the provision by an individual.\nEvidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.\nHowever, it is a defence for an executive officer to prove—\nif the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or\nthe officer was not in a position to influence the conduct of the corporation in relation to the offence.\nIn this section—\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 60A ins 2003 No. 10 s 69\n(sec.60A-ssec.1) The executive officers of a corporation must ensure the corporation complies with this Act.\n(sec.60A-ssec.2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty for subsection (2) —the penalty for the contravention of the provision by an individual.\n(sec.60A-ssec.3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.\n(sec.60A-ssec.4) However, it is a defence for an executive officer to prove— if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence.\n(sec.60A-ssec.5) In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or\n- (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.","sortOrder":225},{"sectionNumber":"sec.60B","sectionType":"section","heading":null,"content":"### Section sec.60B\n\ns 60B ins 2003 No. 10 s 69\namd 2009 No. 43 s 36 (retro)\nom 2013 No. 24 s 55","sortOrder":226},{"sectionNumber":"sec.61","sectionType":"section","heading":"Ability to prosecute under other Acts","content":"### sec.61 Ability to prosecute under other Acts\n\nNothing in this Act prevents a person from being prosecuted for any of the following offences in relation to the clearing of vegetation—\na development offence under the Planning Act or the repealed Sustainable Planning Act 2009 ;\nan offence against a following provision of the Environmental Protection Act 1994 —\nsection 437 (1)\nsection 437 (2)\nsection 438 (1)\nsection 438 (2) .\ns 61 amd 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52 ); 2003 No. 10 s 76 sch ; 2016 No. 27 s 646 ; 2023 No. 2 s 105\n- (a) a development offence under the Planning Act or the repealed Sustainable Planning Act 2009 ;\n- (b) an offence against a following provision of the Environmental Protection Act 1994 — • section 437 (1) • section 437 (2) • section 438 (1) • section 438 (2) .\n- • section 437 (1)\n- • section 437 (2)\n- • section 438 (1)\n- • section 438 (2) .\n- • section 437 (1)\n- • section 437 (2)\n- • section 438 (1)\n- • section 438 (2) .","sortOrder":227},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reviews and legal proceedings","content":"# Reviews and legal proceedings","sortOrder":228},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Internal reviews by chief executive","content":"## Internal reviews by chief executive","sortOrder":229},{"sectionNumber":"sec.62","sectionType":"section","heading":"Internal review process before external review","content":"### sec.62 Internal review process before external review\n\nEvery review of an original decision must be, in the first instance, by way of an application for an internal review of the decision.\ns 62 amd 2004 No. 1 s 21\nsub 2009 No. 43 s 38 (retro)","sortOrder":230},{"sectionNumber":"sec.63","sectionType":"section","heading":"How to apply for internal review","content":"### sec.63 How to apply for internal review\n\nA person who is given, or is entitled to be given, an information notice about a decision made under this Act may apply for an internal review of the decision.\nAn application for internal review of a decision must be—\nin the approved form; and\nmade to the chief executive; and\nsupported by enough information to enable the chief executive to decide the application.\nThe application must be made within 20 business days after—\nthe day the person is given the information notice about the decision; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nThe chief executive may extend the time for applying for the internal review.\nThe application does not stay the decision.\ns 63 sub 2009 No. 43 s 38 (retro)\n(sec.63-ssec.1) A person who is given, or is entitled to be given, an information notice about a decision made under this Act may apply for an internal review of the decision.\n(sec.63-ssec.2) An application for internal review of a decision must be— in the approved form; and made to the chief executive; and supported by enough information to enable the chief executive to decide the application.\n(sec.63-ssec.3) The application must be made within 20 business days after— the day the person is given the information notice about the decision; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.63-ssec.4) The chief executive may extend the time for applying for the internal review.\n(sec.63-ssec.5) The application does not stay the decision.\n- (a) in the approved form; and\n- (b) made to the chief executive; and\n- (c) supported by enough information to enable the chief executive to decide the application.\n- (a) the day the person is given the information notice about the decision; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":231},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Review decision","content":"### sec.63A Review decision\n\nThe chief executive must, within 30 business days after receiving the application—\nreview the decision (the original decision ); and\nmake a decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the applicant notice (the review notice ) of the review decision.\nIf the review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act , section 157 (2) .\nHowever, subsection (2) does not apply if the review decision relates to an original decision under section 138 (1) (b) .\ns 63A ins 2009 No. 43 s 38 (retro)\namd 2010 No. 52 s 49 ; 2018 No. 7 s 34\n(sec.63A-ssec.1) The chief executive must, within 30 business days after receiving the application— review the decision (the original decision ); and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant notice (the review notice ) of the review decision.\n(sec.63A-ssec.2) If the review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act , section 157 (2) .\n(sec.63A-ssec.3) However, subsection (2) does not apply if the review decision relates to an original decision under section 138 (1) (b) .\n- (a) review the decision (the original decision ); and\n- (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the applicant notice (the review notice ) of the review decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and","sortOrder":232},{"sectionNumber":"pt.4-div.1A","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":233},{"sectionNumber":"sec.63B","sectionType":"section","heading":"Who may apply for external review","content":"### sec.63B Who may apply for external review\n\nA person who is dissatisfied with a review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\nHowever, subsection (1) does not apply if the review decision relates to an original decision mentioned in section 63A (3) .\ns 63B ins 2009 No. 43 s 38 (retro)\namd 2010 No. 52 s 50\n(sec.63B-ssec.1) A person who is dissatisfied with a review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\n(sec.63B-ssec.2) However, subsection (1) does not apply if the review decision relates to an original decision mentioned in section 63A (3) .","sortOrder":234},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":235},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of div 2","content":"### sec.64 Application of div 2\n\nThis division applies to a proceeding under this Act.","sortOrder":236},{"sectionNumber":"sec.65","sectionType":"section","heading":"Appointments and authority","content":"### sec.65 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan authorised officer’s appointment; or\nthe authority of the chief executive or an authorised officer to do anything under this Act.\n- (a) the chief executive’s appointment; or\n- (b) an authorised officer’s appointment; or\n- (c) the authority of the chief executive or an authorised officer to do anything under this Act.","sortOrder":237},{"sectionNumber":"sec.66","sectionType":"section","heading":"Signatures","content":"### sec.66 Signatures\n\nA signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.","sortOrder":238},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Instruments, equipment and installations","content":"### sec.66A Instruments, equipment and installations\n\nAn instrument, equipment or installation prescribed under a regulation that is used in accordance with any conditions prescribed under a regulation is taken, in the absence of evidence to the contrary—\nto be accurate and precise; and\nto have been used by an appropriately qualified person.\nA party to the proceeding intending to challenge a matter mentioned in subsection (1) (a) or (b) must give each other party notice of the party’s intention to adduce relevant evidence at least 20 business days before the evidence is adduced.\nThe notice must state the grounds on which the party intends to rely to prove that the instrument, equipment or installation—\nwas not accurate or precise; or\nwas not used by an appropriately qualified person.\ns 66A ins 2003 No. 10 s 70\namd 2009 No. 43 s 39\n(sec.66A-ssec.1) An instrument, equipment or installation prescribed under a regulation that is used in accordance with any conditions prescribed under a regulation is taken, in the absence of evidence to the contrary— to be accurate and precise; and to have been used by an appropriately qualified person.\n(sec.66A-ssec.2) A party to the proceeding intending to challenge a matter mentioned in subsection (1) (a) or (b) must give each other party notice of the party’s intention to adduce relevant evidence at least 20 business days before the evidence is adduced.\n(sec.66A-ssec.3) The notice must state the grounds on which the party intends to rely to prove that the instrument, equipment or installation— was not accurate or precise; or was not used by an appropriately qualified person.\n- (a) to be accurate and precise; and\n- (b) to have been used by an appropriately qualified person.\n- (a) was not accurate or precise; or\n- (b) was not used by an appropriately qualified person.","sortOrder":239},{"sectionNumber":"sec.66B","sectionType":"section","heading":"Certificate or report about remotely sensed image","content":"### sec.66B Certificate or report about remotely sensed image\n\nA signature on a certificate or report purporting to be the signature of an appropriately qualified person who gave the certificate or report is evidence of the signature it purports to be.\nA statement of any of the following matters in the certificate or report is evidence of the matters stated in the absence of evidence to the contrary—\nthe person’s qualifications;\na stated document is a remotely sensed image, or a copy of a remotely sensed image, of a stated area;\nthe date on which a stated remotely sensed image was produced;\nthe person’s stated conclusions drawn from a stated remotely sensed image;\nthe location of a stated area;\nwhether vegetation in a stated area has been cleared;\nwhether a stated area is or is likely to be an area of remnant vegetation or regulated regrowth vegetation.\nA party to the proceeding intending to challenge the statement must give each other party notice of the party’s intention to adduce relevant evidence at least 20 business days before the evidence is adduced.\nThe notice must state the grounds on which the party intends to rely to prove that the statement was not correct.\ns 66B ins 2003 No. 10 s 70\namd 2009 No. 43 s 40 (1) (retro), (2)–(3)\n(sec.66B-ssec.1) A signature on a certificate or report purporting to be the signature of an appropriately qualified person who gave the certificate or report is evidence of the signature it purports to be.\n(sec.66B-ssec.2) A statement of any of the following matters in the certificate or report is evidence of the matters stated in the absence of evidence to the contrary— the person’s qualifications; a stated document is a remotely sensed image, or a copy of a remotely sensed image, of a stated area; the date on which a stated remotely sensed image was produced; the person’s stated conclusions drawn from a stated remotely sensed image; the location of a stated area; whether vegetation in a stated area has been cleared; whether a stated area is or is likely to be an area of remnant vegetation or regulated regrowth vegetation.\n(sec.66B-ssec.3) A party to the proceeding intending to challenge the statement must give each other party notice of the party’s intention to adduce relevant evidence at least 20 business days before the evidence is adduced.\n(sec.66B-ssec.4) The notice must state the grounds on which the party intends to rely to prove that the statement was not correct.\n- (a) the person’s qualifications;\n- (b) a stated document is a remotely sensed image, or a copy of a remotely sensed image, of a stated area;\n- (c) the date on which a stated remotely sensed image was produced;\n- (d) the person’s stated conclusions drawn from a stated remotely sensed image;\n- (e) the location of a stated area;\n- (f) whether vegetation in a stated area has been cleared;\n- (g) whether a stated area is or is likely to be an area of remnant vegetation or regulated regrowth vegetation.","sortOrder":240},{"sectionNumber":"sec.67","sectionType":"section","heading":"Evidentiary aids","content":"### sec.67 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, certified, maintained, given or issued under this Act or the Planning Act —\nan appointment, approval or decision;\na direction, notice or requirement;\na code, plan or policy;\na map;\na stated document is another document kept under this Act or the Planning Act ;\na stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\non a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated.\ns 67 amd 2000 No. 35 s 13 ; 2003 No. 10 s 76 sch ; 2004 No. 1 s 22 ; 2009 No. 43 s 41 (retro)\n(sec.67-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is one of the following things made, certified, maintained, given or issued under this Act or the Planning Act — an appointment, approval or decision; a direction, notice or requirement; a code, plan or policy; a map; a stated document is another document kept under this Act or the Planning Act ; a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ; on a stated day— a stated person was given a stated decision, direction or notice under this Act; or a stated requirement under this Act was made of a stated person.\n(sec.67-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated.\n- (a) a stated document is one of the following things made, certified, maintained, given or issued under this Act or the Planning Act — (i) an appointment, approval or decision; (ii) a direction, notice or requirement; (iii) a code, plan or policy; (iv) a map;\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a code, plan or policy;\n- (iv) a map;\n- (b) a stated document is another document kept under this Act or the Planning Act ;\n- (c) a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a code, plan or policy;\n- (iv) a map;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.","sortOrder":241},{"sectionNumber":"sec.67A","sectionType":"section","heading":null,"content":"### Section sec.67A\n\ns 67A ins 2003 No. 10 s 71\namd 2004 No. 1 s 23\nom 2013 No. 24 s 56","sortOrder":242},{"sectionNumber":"pt.4-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":243},{"sectionNumber":"sec.67B","sectionType":"section","heading":null,"content":"### Section sec.67B\n\ns 67B ins 2003 No. 10 s 72\nom 2013 No. 24 s 56","sortOrder":244},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":245},{"sectionNumber":"sec.68","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.68 Summary proceedings for offences\n\nA proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 .\nSubject to subsection (4) , a proceeding for an offence against this Act must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\nDespite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\nIf a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section.\nSubsection (4) —\napplies to an offence regardless of whether it was committed before or after the commencement of the subsection; and\ndoes not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.\nA vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.\ns 68 amd 2003 No. 10 ss 73 , 76 sch\n(sec.68-ssec.1) A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 .\n(sec.68-ssec.2) Subject to subsection (4) , a proceeding for an offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\n(sec.68-ssec.3) Despite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\n(sec.68-ssec.4) If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section.\n(sec.68-ssec.5) Subsection (4) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.\n(sec.68-ssec.6) A vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\n- (a) applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and\n- (b) does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.","sortOrder":246},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Particulars to be stated for complaint for vegetation clearing offence","content":"### sec.68A Particulars to be stated for complaint for vegetation clearing offence\n\nThis section applies to a complaint for a proceeding for a vegetation clearing offence.\nIt is enough, for identifying the vegetation cleared and the place where the vegetation was cleared, for the particulars for the complaint to state the following—\nthe number of hectares of vegetation that have been cleared unlawfully;\nthe location where the vegetation was cleared;\na description of the vegetation;\nremnant vegetation that is an endangered regional ecosystem and essential habitat for protected wildlife\nwhether the vegetation was in—\nan area of high nature conservation value; or\nan area vulnerable to land degradation.\ns 68A ins 2003 No. 10 s 74\namd 2009 No. 43 s 42 (retro)\n(sec.68A-ssec.1) This section applies to a complaint for a proceeding for a vegetation clearing offence.\n(sec.68A-ssec.2) It is enough, for identifying the vegetation cleared and the place where the vegetation was cleared, for the particulars for the complaint to state the following— the number of hectares of vegetation that have been cleared unlawfully; the location where the vegetation was cleared; a description of the vegetation; remnant vegetation that is an endangered regional ecosystem and essential habitat for protected wildlife whether the vegetation was in— an area of high nature conservation value; or an area vulnerable to land degradation.\n- (a) the number of hectares of vegetation that have been cleared unlawfully;\n- (b) the location where the vegetation was cleared;\n- (c) a description of the vegetation; Example— remnant vegetation that is an endangered regional ecosystem and essential habitat for protected wildlife\n- (d) whether the vegetation was in— (i) an area of high nature conservation value; or (ii) an area vulnerable to land degradation.\n- (i) an area of high nature conservation value; or\n- (ii) an area vulnerable to land degradation.\n- (i) an area of high nature conservation value; or\n- (ii) an area vulnerable to land degradation.","sortOrder":247},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Representation of departmental officer in court","content":"### sec.68B Representation of departmental officer in court\n\nAny departmental officer may appear for and represent another departmental officer in a Magistrates Court in a proceeding brought by the other officer under this Act or for a vegetation clearing offence.\nIn this section—\ndepartmental officer means a public service officer employed in the department.\ns 68B ins 2003 No. 10 s 74\n(sec.68B-ssec.1) Any departmental officer may appear for and represent another departmental officer in a Magistrates Court in a proceeding brought by the other officer under this Act or for a vegetation clearing offence.\n(sec.68B-ssec.2) In this section— departmental officer means a public service officer employed in the department.","sortOrder":248},{"sectionNumber":"sec.68C","sectionType":"section","heading":"Recovery of costs of investigation","content":"### sec.68C Recovery of costs of investigation\n\nIf a court convicts a person of an offence against this Act or a vegetation clearing offence, the court may order the person to pay the department’s reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence.\nobtaining and analysing remotely sensed images\ncosts of travelling for departmental officers and experts\nSubsection (1) does not limit the orders for costs the court may make.\ns 68C ins 2003 No. 10 s 74\n(sec.68C-ssec.1) If a court convicts a person of an offence against this Act or a vegetation clearing offence, the court may order the person to pay the department’s reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence. obtaining and analysing remotely sensed images costs of travelling for departmental officers and experts\n(sec.68C-ssec.2) Subsection (1) does not limit the orders for costs the court may make.\n- 1 obtaining and analysing remotely sensed images\n- 2 costs of travelling for departmental officers and experts","sortOrder":249},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Restrictions on legal proceedings","content":"## Restrictions on legal proceedings","sortOrder":250},{"sectionNumber":"sec.68CA","sectionType":"section","heading":"Definitions for div 4","content":"### sec.68CA Definitions for div 4\n\nIn this division—\ndecision means—\na decision by the chief executive to—\ncertify, amend or replace a regulated vegetation management map; or\nagree to make a PMAV the subject of a relevant PMAV application; or\na failure to make a decision to make a PMAV the subject of a relevant PMAV application; or\na purported decision relating to a matter mentioned in paragraph (a) .\nPMAV application means an application under section 20C to make a PMAV for an area.\nrelevant PMAV application means a PMAV application made on or after 8 October 2009 and before 3 November 2009.\ns 68CA ins 2009 No. 43 s 43 (retro)\nsub 2013 No. 24 s 57\n- (a) a decision by the chief executive to— (i) certify, amend or replace a regulated vegetation management map; or (ii) agree to make a PMAV the subject of a relevant PMAV application; or\n- (i) certify, amend or replace a regulated vegetation management map; or\n- (ii) agree to make a PMAV the subject of a relevant PMAV application; or\n- (b) a failure to make a decision to make a PMAV the subject of a relevant PMAV application; or\n- (c) a purported decision relating to a matter mentioned in paragraph (a) .\n- (i) certify, amend or replace a regulated vegetation management map; or\n- (ii) agree to make a PMAV the subject of a relevant PMAV application; or","sortOrder":251},{"sectionNumber":"sec.68CB","sectionType":"section","heading":"Limitation of review and appeal","content":"### sec.68CB Limitation of review and appeal\n\nThis section applies to a decision by the chief executive.\nUnless there is a determination by the Supreme Court that the decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\ns 68CB ins 2009 No. 43 s 43 (retro)\nsub 2013 No. 24 s 58\n(sec.68CB-ssec.1) This section applies to a decision by the chief executive.\n(sec.68CB-ssec.2) Unless there is a determination by the Supreme Court that the decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":252},{"sectionNumber":"sec.68CC","sectionType":"section","heading":null,"content":"### Section sec.68CC\n\ns 68CC ins 2009 No. 43 s 43 (retro)\nom 2013 No. 24 s 59","sortOrder":253},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Enforceable undertakings","content":"## Enforceable undertakings","sortOrder":254},{"sectionNumber":"sec.68CC-oc.2","sectionType":"section","heading":"Chief executive may accept enforceable undertakings","content":"### sec.68CC-oc.2 Chief executive may accept enforceable undertakings\n\nThe chief executive may accept a written undertaking (an enforceable undertaking ) made by a person in relation to a contravention or alleged contravention by the person of this Act or the Planning Act to the extent that Act relates to the clearing of vegetation.\nAn enforceable undertaking must be in the approved form.\nThe chief executive must give the person written notice of—\nthe chief executive’s decision to accept or reject the enforceable undertaking; and\nthe reasons for the decision.\nThe chief executive must not accept the enforceable undertaking unless the chief executive reasonably believes the undertaking will—\nsecure compliance with this Act or the Planning Act ; or\nadvance the purpose of this Act.\nIf the chief executive decides to accept the enforceable undertaking, the chief executive must publish the details of the undertaking the chief executive considers appropriate on the department’s website.\nThe chief executive may accept an enforceable undertaking in relation to a contravention or alleged contravention at any time before any proceedings in relation to the contravention end.\nIf the chief executive accepts an enforceable undertaking after proceedings in relation to the contravention have started, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.\ns 68CC ins 2018 No. 7 s 35\n(sec.68CC-oc.2-ssec.1) The chief executive may accept a written undertaking (an enforceable undertaking ) made by a person in relation to a contravention or alleged contravention by the person of this Act or the Planning Act to the extent that Act relates to the clearing of vegetation.\n(sec.68CC-oc.2-ssec.2) An enforceable undertaking must be in the approved form.\n(sec.68CC-oc.2-ssec.3) The chief executive must give the person written notice of— the chief executive’s decision to accept or reject the enforceable undertaking; and the reasons for the decision.\n(sec.68CC-oc.2-ssec.4) The chief executive must not accept the enforceable undertaking unless the chief executive reasonably believes the undertaking will— secure compliance with this Act or the Planning Act ; or advance the purpose of this Act.\n(sec.68CC-oc.2-ssec.5) If the chief executive decides to accept the enforceable undertaking, the chief executive must publish the details of the undertaking the chief executive considers appropriate on the department’s website.\n(sec.68CC-oc.2-ssec.6) The chief executive may accept an enforceable undertaking in relation to a contravention or alleged contravention at any time before any proceedings in relation to the contravention end.\n(sec.68CC-oc.2-ssec.7) If the chief executive accepts an enforceable undertaking after proceedings in relation to the contravention have started, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.\n- (a) the chief executive’s decision to accept or reject the enforceable undertaking; and\n- (b) the reasons for the decision.\n- (a) secure compliance with this Act or the Planning Act ; or\n- (b) advance the purpose of this Act.","sortOrder":255},{"sectionNumber":"sec.68CD","sectionType":"section","heading":"Effect of enforceable undertaking","content":"### sec.68CD Effect of enforceable undertaking\n\nAn enforceable undertaking takes effect when the chief executive gives the person who made the undertaking notice of the decision to accept the undertaking.\nNo proceedings for a contravention or alleged contravention of this Act, or the Planning Act to the extent that Act relates to the clearing of vegetation, may be taken against the person in relation to the enforceable undertaking if the person is complying, or has complied, with the undertaking.\nThe making of an enforceable undertaking does not constitute an admission of guilt by the person making the undertaking.\ns 68CD ins 2018 No. 7 s 35\n(sec.68CD-ssec.1) An enforceable undertaking takes effect when the chief executive gives the person who made the undertaking notice of the decision to accept the undertaking.\n(sec.68CD-ssec.2) No proceedings for a contravention or alleged contravention of this Act, or the Planning Act to the extent that Act relates to the clearing of vegetation, may be taken against the person in relation to the enforceable undertaking if the person is complying, or has complied, with the undertaking.\n(sec.68CD-ssec.3) The making of an enforceable undertaking does not constitute an admission of guilt by the person making the undertaking.","sortOrder":256},{"sectionNumber":"sec.68CE","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"### sec.68CE Withdrawal or variation of enforceable undertaking\n\nA person who has made an enforceable undertaking may, at any time, with the written agreement of the chief executive—\nwithdraw the undertaking; or\nvary the undertaking.\nHowever, the undertaking may not be varied to provide for a different contravention or alleged contravention of this Act or the Planning Act .\nThe chief executive must publish the details of the withdrawal or variation of an enforceable undertaking the chief executive considers appropriate on the department’s website.\ns 68CE ins 2018 No. 7 s 35\n(sec.68CE-ssec.1) A person who has made an enforceable undertaking may, at any time, with the written agreement of the chief executive— withdraw the undertaking; or vary the undertaking.\n(sec.68CE-ssec.2) However, the undertaking may not be varied to provide for a different contravention or alleged contravention of this Act or the Planning Act .\n(sec.68CE-ssec.3) The chief executive must publish the details of the withdrawal or variation of an enforceable undertaking the chief executive considers appropriate on the department’s website.\n- (a) withdraw the undertaking; or\n- (b) vary the undertaking.","sortOrder":257},{"sectionNumber":"sec.68CF","sectionType":"section","heading":"Amending enforceable undertaking—with agreement","content":"### sec.68CF Amending enforceable undertaking—with agreement\n\nThe chief executive may amend an enforceable undertaking with the written agreement of the person who made the undertaking.\ns 68CF ins 2018 No. 7 s 35","sortOrder":258},{"sectionNumber":"sec.68CG","sectionType":"section","heading":"Amending enforceable undertaking—clerical or formal errors","content":"### sec.68CG Amending enforceable undertaking—clerical or formal errors\n\nThe chief executive may amend an enforceable undertaking to correct a clerical or formal error if—\nthe amendment does not adversely affect the interests of the person who made the undertaking or anyone else; and\nthe person has been given written notice of the amendment.\ns 68CG ins 2018 No. 7 s 35\n- (a) the amendment does not adversely affect the interests of the person who made the undertaking or anyone else; and\n- (b) the person has been given written notice of the amendment.","sortOrder":259},{"sectionNumber":"sec.68CH","sectionType":"section","heading":"Amending or suspending enforceable undertaking—after show cause process","content":"### sec.68CH Amending or suspending enforceable undertaking—after show cause process\n\nThe chief executive may amend or suspend an enforceable undertaking if the chief executive is satisfied—\nthe undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or\nthe undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or\nthe amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or\nthe amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking—\nsecuring compliance with this Act or the Planning Act ; or\nadvancing the purpose of this Act.\nThe chief executive must give the person who made the enforceable undertaking a notice that states—\nthe action the chief executive proposes to take; and\nif the action is an amendment of the undertaking—the amendment; and\nif the action is a suspension of the undertaking—the period of the suspension; and\nthe grounds for taking the action; and\nthe facts and circumstances that are the basis for the grounds; and\nthat the person may make written representations to show why the action should not be taken; and\nthe period, of at least 20 business days after the person is given the notice, within which the person may make the representations.\nIf the chief executive proposes to amend the enforceable undertaking, the notice must be accompanied by a copy of the undertaking that shows the amendment.\nThe chief executive must consider any written representation the person makes within the period stated in the notice.\nIf the chief executive still believes a ground exists to take the action, the chief executive may decide to take the action.\nWithin 10 business days after making a decision to take the action, the chief executive must give the person an information notice about the decision.\nIf the chief executive, at any time, decides not to take the action, the chief executive must promptly give the person written notice of the decision.\nIn this section—\nimpacts , of a contravention or alleged contravention, include the following—\nloss of vegetation;\nloss of biodiversity;\nland degradation;\nloss of connectivity;\naltered ecological processes;\ncontributions to greenhouse gas emissions.\ns 68CH ins 2018 No. 7 s 35\n(sec.68CH-ssec.1) The chief executive may amend or suspend an enforceable undertaking if the chief executive is satisfied— the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or the undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or the amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking— securing compliance with this Act or the Planning Act ; or advancing the purpose of this Act.\n(sec.68CH-ssec.2) The chief executive must give the person who made the enforceable undertaking a notice that states— the action the chief executive proposes to take; and if the action is an amendment of the undertaking—the amendment; and if the action is a suspension of the undertaking—the period of the suspension; and the grounds for taking the action; and the facts and circumstances that are the basis for the grounds; and that the person may make written representations to show why the action should not be taken; and the period, of at least 20 business days after the person is given the notice, within which the person may make the representations.\n(sec.68CH-ssec.3) If the chief executive proposes to amend the enforceable undertaking, the notice must be accompanied by a copy of the undertaking that shows the amendment.\n(sec.68CH-ssec.4) The chief executive must consider any written representation the person makes within the period stated in the notice.\n(sec.68CH-ssec.5) If the chief executive still believes a ground exists to take the action, the chief executive may decide to take the action.\n(sec.68CH-ssec.6) Within 10 business days after making a decision to take the action, the chief executive must give the person an information notice about the decision.\n(sec.68CH-ssec.7) If the chief executive, at any time, decides not to take the action, the chief executive must promptly give the person written notice of the decision.\n(sec.68CH-ssec.8) In this section— impacts , of a contravention or alleged contravention, include the following— loss of vegetation; loss of biodiversity; land degradation; loss of connectivity; altered ecological processes; contributions to greenhouse gas emissions.\n- (a) the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or\n- (b) the undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or\n- (c) the amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or\n- (d) the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking— (i) securing compliance with this Act or the Planning Act ; or (ii) advancing the purpose of this Act.\n- (i) securing compliance with this Act or the Planning Act ; or\n- (ii) advancing the purpose of this Act.\n- (i) securing compliance with this Act or the Planning Act ; or\n- (ii) advancing the purpose of this Act.\n- (a) the action the chief executive proposes to take; and\n- (b) if the action is an amendment of the undertaking—the amendment; and\n- (c) if the action is a suspension of the undertaking—the period of the suspension; and\n- (d) the grounds for taking the action; and\n- (e) the facts and circumstances that are the basis for the grounds; and\n- (f) that the person may make written representations to show why the action should not be taken; and\n- (g) the period, of at least 20 business days after the person is given the notice, within which the person may make the representations.\n- (a) loss of vegetation;\n- (b) loss of biodiversity;\n- (c) land degradation;\n- (d) loss of connectivity;\n- (e) altered ecological processes;\n- (f) contributions to greenhouse gas emissions.","sortOrder":260},{"sectionNumber":"sec.68CI","sectionType":"section","heading":"Contravention of enforceable undertaking","content":"### sec.68CI Contravention of enforceable undertaking\n\nA person must not contravene an enforceable undertaking made by the person that is in effect.\nMaximum penalty—\nif the offence is committed wilfully—6,250 penalty units; or\notherwise—4,500 penalty units.\nRegardless of whether the person is prosecuted for an offence against subsection (1) , the chief executive may apply to a Magistrates Court for an order if the person contravenes the enforceable undertaking.\nIf the court is satisfied the person contravened the undertaking, the court, in addition to imposing any penalty, may make either or both of the following orders—\nan order directing the person to comply with the undertaking;\nan order discharging the undertaking.\nAlso, the court may make any other order the court considers just and appropriate in the circumstances, including an order directing the person to pay to the chief executive—\nthe costs of the proceedings; and\nthe costs associated with the investigation of the contravention of the enforceable undertaking; and\nthe reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.\ns 68CI ins 2018 No. 7 s 35\n(sec.68CI-ssec.1) A person must not contravene an enforceable undertaking made by the person that is in effect. Maximum penalty— if the offence is committed wilfully—6,250 penalty units; or otherwise—4,500 penalty units.\n(sec.68CI-ssec.2) Regardless of whether the person is prosecuted for an offence against subsection (1) , the chief executive may apply to a Magistrates Court for an order if the person contravenes the enforceable undertaking.\n(sec.68CI-ssec.3) If the court is satisfied the person contravened the undertaking, the court, in addition to imposing any penalty, may make either or both of the following orders— an order directing the person to comply with the undertaking; an order discharging the undertaking.\n(sec.68CI-ssec.4) Also, the court may make any other order the court considers just and appropriate in the circumstances, including an order directing the person to pay to the chief executive— the costs of the proceedings; and the costs associated with the investigation of the contravention of the enforceable undertaking; and the reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.\n- (a) if the offence is committed wilfully—6,250 penalty units; or\n- (b) otherwise—4,500 penalty units.\n- (a) an order directing the person to comply with the undertaking;\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceedings; and\n- (b) the costs associated with the investigation of the contravention of the enforceable undertaking; and\n- (c) the reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.","sortOrder":261},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":262},{"sectionNumber":"sec.68D","sectionType":"section","heading":"Approved forms","content":"### sec.68D Approved forms\n\nThe chief executive may approve forms for use under this Act.\ns 68D ins 2004 No. 1 s 24","sortOrder":263},{"sectionNumber":"sec.69","sectionType":"section","heading":"Advisory committees","content":"### sec.69 Advisory committees\n\nThe Minister may establish advisory committees to advise the Minister about vegetation management.\nThe Minister may decide—\nthe functions or terms of reference of a committee; and\nthe membership of a committee; and\nhow a committee is to operate.\nA committee member is entitled to be paid the fees and allowances decided by the Governor in Council.\n(sec.69-ssec.1) The Minister may establish advisory committees to advise the Minister about vegetation management.\n(sec.69-ssec.2) The Minister may decide— the functions or terms of reference of a committee; and the membership of a committee; and how a committee is to operate.\n(sec.69-ssec.3) A committee member is entitled to be paid the fees and allowances decided by the Governor in Council.\n- (a) the functions or terms of reference of a committee; and\n- (b) the membership of a committee; and\n- (c) how a committee is to operate.","sortOrder":264},{"sectionNumber":"sec.70","sectionType":"section","heading":"Regional vegetation management committees","content":"### sec.70 Regional vegetation management committees\n\nThe Minister may establish regional vegetation management committees to advise the Minister about vegetation management.\nThe Minister may decide—\nthe functions or terms of reference of a committee; and\nthe membership of a committee; and\nhow a committee is to operate.\nA committee member is entitled to be paid the fees and allowances decided by the Governor in Council.\n(sec.70-ssec.1) The Minister may establish regional vegetation management committees to advise the Minister about vegetation management.\n(sec.70-ssec.2) The Minister may decide— the functions or terms of reference of a committee; and the membership of a committee; and how a committee is to operate.\n(sec.70-ssec.3) A committee member is entitled to be paid the fees and allowances decided by the Governor in Council.\n- (a) the functions or terms of reference of a committee; and\n- (b) the membership of a committee; and\n- (c) how a committee is to operate.","sortOrder":265},{"sectionNumber":"sec.70AA","sectionType":"section","heading":"Copies of vegetation management maps to be available for inspection and purchase","content":"### sec.70AA Copies of vegetation management maps to be available for inspection and purchase\n\nThis section applies to vegetation management maps.\nThe chief executive must—\nkeep the digital electronic form of the map available for inspection, free of charge, by members of the public at particular regional offices; and\npublish the digital electronic form of the map on the department’s website.\nThe regional offices where the digital electronic form of a relevant map can be inspected are stated on the department’s website.\nThe chief executive may publish 2 or more maps as a single map in digital electronic form on the department’s website.\nThe exact location of the boundary of each of the areas shown on the map is held in digital electronic form by the department.\nThe department uses a geographic information system for capturing, managing, analysing and displaying the data for a map for an area.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundaries of the areas shown on the map.\nOn payment of a fee, a person may buy—\na copy of the map or part of the map; or\ninformation about the boundaries of an area shown on the map.\nThe information about the boundaries of an area, taken from the geographic information system, would include the coordinates of the corners and bends of the area.\nThe fee for the copy of the map, or part of the map, or the information about the boundaries of an area must not be more than the reasonable cost of publishing the copy or giving the information.\ns 70AA ins 2009 No. 43 s 44 (retro)\namd 2013 No. 23 s 352 sch 1 pt 2 ; 2013 No. 24 s 60 (1) – (2) ; 2013 No. 24 s 60 (3) (amdt could not be given effect)\n(sec.70AA-ssec.1) This section applies to vegetation management maps.\n(sec.70AA-ssec.2) The chief executive must— keep the digital electronic form of the map available for inspection, free of charge, by members of the public at particular regional offices; and publish the digital electronic form of the map on the department’s website. The regional offices where the digital electronic form of a relevant map can be inspected are stated on the department’s website.\n(sec.70AA-ssec.3) The chief executive may publish 2 or more maps as a single map in digital electronic form on the department’s website.\n(sec.70AA-ssec.4) The exact location of the boundary of each of the areas shown on the map is held in digital electronic form by the department. The department uses a geographic information system for capturing, managing, analysing and displaying the data for a map for an area.\n(sec.70AA-ssec.5) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries of the areas shown on the map.\n(sec.70AA-ssec.6) On payment of a fee, a person may buy— a copy of the map or part of the map; or information about the boundaries of an area shown on the map. The information about the boundaries of an area, taken from the geographic information system, would include the coordinates of the corners and bends of the area.\n(sec.70AA-ssec.7) The fee for the copy of the map, or part of the map, or the information about the boundaries of an area must not be more than the reasonable cost of publishing the copy or giving the information.\n- (a) keep the digital electronic form of the map available for inspection, free of charge, by members of the public at particular regional offices; and\n- (b) publish the digital electronic form of the map on the department’s website.\n- (a) a copy of the map or part of the map; or\n- (b) information about the boundaries of an area shown on the map. Note— The information about the boundaries of an area, taken from the geographic information system, would include the coordinates of the corners and bends of the area.","sortOrder":266},{"sectionNumber":"sec.70AB","sectionType":"section","heading":"Copies of documents to be available for inspection and purchase","content":"### sec.70AB Copies of documents to be available for inspection and purchase\n\nThis section applies to each of the following documents—\nthe State policy;\nan accepted development vegetation clearing code;\na declaration made under section 17 ;\nfor each declaration made under section 19F —\nthe notice given to the proponent under section 19F (1) ; and\nthe management plan relevant to the declaration;\nan area management plan.\nThe chief executive must—\nkeep a copy of the document available for inspection, free of charge, by members of the public at particular regional offices; and\npublish the document, other than a document mentioned in subsection (1) (d) , on the department’s website.\nThe regional offices where the document can be inspected are stated on the department’s website.\nOn payment of a fee, a person may buy a copy of the document.\nThe fee for the copy of the document must not be more than the reasonable cost of publishing the copy.\ns 70AB ins 2009 No. 43 s 44 (retro)\namd 2010 No. 52 s 51 ; 2013 No. 23 s 352 sch 1 pt 2 ; 2016 No. 27 s 647\n(sec.70AB-ssec.1) This section applies to each of the following documents— the State policy; an accepted development vegetation clearing code; a declaration made under section 17 ; for each declaration made under section 19F — the notice given to the proponent under section 19F (1) ; and the management plan relevant to the declaration; an area management plan.\n(sec.70AB-ssec.2) The chief executive must— keep a copy of the document available for inspection, free of charge, by members of the public at particular regional offices; and publish the document, other than a document mentioned in subsection (1) (d) , on the department’s website. The regional offices where the document can be inspected are stated on the department’s website.\n(sec.70AB-ssec.3) On payment of a fee, a person may buy a copy of the document.\n(sec.70AB-ssec.4) The fee for the copy of the document must not be more than the reasonable cost of publishing the copy.\n- (a) the State policy;\n- (b) an accepted development vegetation clearing code;\n- (c) a declaration made under section 17 ;\n- (d) for each declaration made under section 19F — (i) the notice given to the proponent under section 19F (1) ; and (ii) the management plan relevant to the declaration;\n- (i) the notice given to the proponent under section 19F (1) ; and\n- (ii) the management plan relevant to the declaration;\n- (e) an area management plan.\n- (i) the notice given to the proponent under section 19F (1) ; and\n- (ii) the management plan relevant to the declaration;\n- (a) keep a copy of the document available for inspection, free of charge, by members of the public at particular regional offices; and\n- (b) publish the document, other than a document mentioned in subsection (1) (d) , on the department’s website.","sortOrder":267},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Application of development approvals and exemptions for Forestry Act","content":"### sec.70A Application of development approvals and exemptions for Forestry Act\n\nIf a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 53 , a permit, lease, licence, agreement or contract required under that section.\nIf a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 54 , the authority of another Act.\nIf the clearing on forestry land of vegetation shown on the regulated vegetation management map as a category B area does not involve the removal of a species prescribed under a regulation and the clearing is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 .\nIf the clearing on forestry land of vegetation shown on the regulated vegetation management map as other than a category B area is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 .\nTo remove doubt, it is declared that subsections (3) and (4) only authorise the use of a forest product cleared if the clearing is—\non land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and\nto source construction timber to repair existing infrastructure on the land, if—\nthe infrastructure is in need of immediate repair; and\nthe clearing does not cause land degradation; and\nrestoration of a similar type, and to the extent of the removed trees, is ensured.\nIn this section—\nforestry land means land to which the Forestry Act 1959 , section 53 or 54 applies.\ninfrastructure includes a building, or other structure, built or used for any purpose.\ns 70A ins 2004 No. 1 s 25\namd 2004 No. 1 s 44 (2) sch 2 ; 2009 No. 43 s 43A (retro); 2009 No. 36 s 872 sch 2 ; 2013 No. 24 s 61 ; 2016 No. 27 s 648 ; 2019 No. 17 s 359B\n(sec.70A-ssec.1) If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 53 , a permit, lease, licence, agreement or contract required under that section.\n(sec.70A-ssec.2) If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 54 , the authority of another Act.\n(sec.70A-ssec.3) If the clearing on forestry land of vegetation shown on the regulated vegetation management map as a category B area does not involve the removal of a species prescribed under a regulation and the clearing is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 .\n(sec.70A-ssec.4) If the clearing on forestry land of vegetation shown on the regulated vegetation management map as other than a category B area is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 .\n(sec.70A-ssec.5) To remove doubt, it is declared that subsections (3) and (4) only authorise the use of a forest product cleared if the clearing is— on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and to source construction timber to repair existing infrastructure on the land, if— the infrastructure is in need of immediate repair; and the clearing does not cause land degradation; and restoration of a similar type, and to the extent of the removed trees, is ensured.\n(sec.70A-ssec.6) In this section— forestry land means land to which the Forestry Act 1959 , section 53 or 54 applies. infrastructure includes a building, or other structure, built or used for any purpose.\n- (a) on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and\n- (b) to source construction timber to repair existing infrastructure on the land, if— (i) the infrastructure is in need of immediate repair; and (ii) the clearing does not cause land degradation; and (iii) restoration of a similar type, and to the extent of the removed trees, is ensured.\n- (i) the infrastructure is in need of immediate repair; and\n- (ii) the clearing does not cause land degradation; and\n- (iii) restoration of a similar type, and to the extent of the removed trees, is ensured.\n- (i) the infrastructure is in need of immediate repair; and\n- (ii) the clearing does not cause land degradation; and\n- (iii) restoration of a similar type, and to the extent of the removed trees, is ensured.","sortOrder":268},{"sectionNumber":"sec.70B","sectionType":"section","heading":"Record of particular matters in land registry","content":"### sec.70B Record of particular matters in land registry\n\nThis section applies if a PMAV is made and contains a category A area.\nAs soon as practicable after the PMAV is made, the chief executive must give the registrar of titles written notice that the PMAV has been made.\nThe registrar must keep records showing the PMAV has been made.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the PMAV will show the PMAV has been made.\nIf the PMAV is replaced, the chief executive must give written notice of the fact to the registrar.\nAlso, the chief executive may, by written notice, ask the registrar to remove the particulars of the PMAV from the registrar’s records if the chief executive considers it is necessary or desirable to remove the particulars—\nto achieve the purposes of this Act: or\nbecause the particulars are no longer relevant for the land the subject of the PMAV.\nAs soon as practicable after receiving a notice under subsection (5) or (5A) , the registrar must adjust or remove the particulars of the PMAV from the registrar’s records.\ns 70B ins 2004 No. 1 s 25\namd 2009 No. 43 s 45 (retro); 2009 No. 36 s 872 sch 2 ; 2013 No. 24 s 62 ; 2016 No. 27 s 649\n(sec.70B-ssec.1) This section applies if a PMAV is made and contains a category A area.\n(sec.70B-ssec.2) As soon as practicable after the PMAV is made, the chief executive must give the registrar of titles written notice that the PMAV has been made.\n(sec.70B-ssec.3) The registrar must keep records showing the PMAV has been made.\n(sec.70B-ssec.4) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the PMAV will show the PMAV has been made.\n(sec.70B-ssec.5) If the PMAV is replaced, the chief executive must give written notice of the fact to the registrar.\n(sec.70B-ssec.5A) Also, the chief executive may, by written notice, ask the registrar to remove the particulars of the PMAV from the registrar’s records if the chief executive considers it is necessary or desirable to remove the particulars— to achieve the purposes of this Act: or because the particulars are no longer relevant for the land the subject of the PMAV.\n(sec.70B-ssec.6) As soon as practicable after receiving a notice under subsection (5) or (5A) , the registrar must adjust or remove the particulars of the PMAV from the registrar’s records.\n- (a) to achieve the purposes of this Act: or\n- (b) because the particulars are no longer relevant for the land the subject of the PMAV.","sortOrder":269},{"sectionNumber":"sec.70C","sectionType":"section","heading":"Particular vegetation not natural resource owned by person as improvement on leasehold land","content":"### sec.70C Particular vegetation not natural resource owned by person as improvement on leasehold land\n\nSubsection (2) applies if—\na person—\nis given a restoration notice in relation to land; or\nwas or is given a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the land; or\nwas given before the commencement of this section a compliance notice in relation to land; and\nthe land is subject to a lease under the Land Act 1994 ; and\nthe person is required under the notice to plant vegetation on the land; and\nthe person complies with the notice.\nThe vegetation is not a natural resource owned by the person as an improvement.\nSubsection (4) applies if vegetation is or was planted on land subject to a lease to comply with a Land Act notice.\nTo remove any doubt, it is declared that the vegetation is not and never has been a natural resource owned by the lessee of the land as an improvement.\ns 70C ins 2009 No. 43 s 46 (retro)\n(sec.70C-ssec.1) Subsection (2) applies if— a person— is given a restoration notice in relation to land; or was or is given a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the land; or was given before the commencement of this section a compliance notice in relation to land; and the land is subject to a lease under the Land Act 1994 ; and the person is required under the notice to plant vegetation on the land; and the person complies with the notice.\n(sec.70C-ssec.2) The vegetation is not a natural resource owned by the person as an improvement.\n(sec.70C-ssec.3) Subsection (4) applies if vegetation is or was planted on land subject to a lease to comply with a Land Act notice.\n(sec.70C-ssec.4) To remove any doubt, it is declared that the vegetation is not and never has been a natural resource owned by the lessee of the land as an improvement.\n- (a) a person— (i) is given a restoration notice in relation to land; or (ii) was or is given a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the land; or (iii) was given before the commencement of this section a compliance notice in relation to land; and\n- (i) is given a restoration notice in relation to land; or\n- (ii) was or is given a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the land; or\n- (iii) was given before the commencement of this section a compliance notice in relation to land; and\n- (b) the land is subject to a lease under the Land Act 1994 ; and\n- (c) the person is required under the notice to plant vegetation on the land; and\n- (d) the person complies with the notice.\n- (i) is given a restoration notice in relation to land; or\n- (ii) was or is given a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the land; or\n- (iii) was given before the commencement of this section a compliance notice in relation to land; and","sortOrder":270},{"sectionNumber":"sec.71","sectionType":"section","heading":"Protecting officials from civil liability","content":"### sec.71 Protecting officials from civil liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nan authorised officer; or\na person acting under the direction of an authorised officer.\n(sec.71-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.71-ssec.2) If subsection (1) prevents civil liability attaching to an official, the liability attaches instead to the State.\n(sec.71-ssec.3) In this section— official means— the Minister; or the chief executive; or an authorised officer; or a person acting under the direction of an authorised officer.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an authorised officer; or\n- (d) a person acting under the direction of an authorised officer.","sortOrder":271},{"sectionNumber":"sec.72","sectionType":"section","heading":"Regulation-making power","content":"### sec.72 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may prescribe the fees that are payable under this Act.\ns 72 amd 2013 No. 24 s 63 ; 2016 No. 27 s 650\n(sec.72-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.72-ssec.2) A regulation may prescribe the fees that are payable under this Act.","sortOrder":272},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional, declaratory and validation provisions","content":"# Transitional, declaratory and validation provisions","sortOrder":273},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 90 of 1999","content":"## Transitional provisions for Act No. 90 of 1999","sortOrder":274},{"sectionNumber":"sec.73","sectionType":"section","heading":"Existing development approvals and applications for development approvals under the repealed Integrated Planning Act 1997","content":"### sec.73 Existing development approvals and applications for development approvals under the repealed Integrated Planning Act 1997\n\nSubsection (2) applies to a development approval under the repealed Integrated Planning Act 1997 involving the clearing of vegetation in force immediately before the commencement of this section.\nThe approval has effect as if this Act had not been enacted.\nSubsection (4) applies to a development application under the repealed Integrated Planning Act 1997 involving the clearing of vegetation made to the assessment manager that—\nhas not been decided before the commencement of this section; or\nhas been decided, but is the subject of an appeal under the repealed Integrated Planning Act 1997 and the appeal has not been decided before the commencement of this section.\nThe application may be decided as if this Act had not been enacted and, if a development approval is given for the application, the approval has effect as if this Act had not been enacted.\ns 73 amd 2003 No. 10 s 76 sch ; 2004 No. 1 s 44 (1) sch 1 ; 2009 No. 36 s 872 sch 2\n(sec.73-ssec.1) Subsection (2) applies to a development approval under the repealed Integrated Planning Act 1997 involving the clearing of vegetation in force immediately before the commencement of this section.\n(sec.73-ssec.2) The approval has effect as if this Act had not been enacted.\n(sec.73-ssec.3) Subsection (4) applies to a development application under the repealed Integrated Planning Act 1997 involving the clearing of vegetation made to the assessment manager that— has not been decided before the commencement of this section; or has been decided, but is the subject of an appeal under the repealed Integrated Planning Act 1997 and the appeal has not been decided before the commencement of this section.\n(sec.73-ssec.4) The application may be decided as if this Act had not been enacted and, if a development approval is given for the application, the approval has effect as if this Act had not been enacted.\n- (a) has not been decided before the commencement of this section; or\n- (b) has been decided, but is the subject of an appeal under the repealed Integrated Planning Act 1997 and the appeal has not been decided before the commencement of this section.","sortOrder":275},{"sectionNumber":"sec.74","sectionType":"section","heading":"Existing development control plans and special facilities zones","content":"### sec.74 Existing development control plans and special facilities zones\n\nNothing in this Act affects the clearing of vegetation—\nunder a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or\nin an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .\nSubsection (1)(b) applies to an area only if—\nthe area continues to be designated as a special facilities zone, or like zone, under the scheme; or\nthe current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone—\na development permit that—\nwas given before the designation ceased; and\nhas not lapsed; and\nis for building work or operational work under the Planning Act; or\nan acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or\na request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or\na development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or\na development permit given for a superseded planning scheme request under the Planning Act.\nHowever, subsection (1)(b) also applies to an area if—\nthe current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and\nthe clearing of vegetation is in relation to the development rights.\nIn this section—\nspecial facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 —\nfor which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and\nin which development of a particular type may be carried out without a development approval.\ns 74 amd 2003 No. 10 s 76 sch ; 2005 No. 41 s 4 ; 2009 No. 43 s 47 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 651\n(sec.74-ssec.1) Nothing in this Act affects the clearing of vegetation— under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .\n(sec.74-ssec.2) Subsection (1)(b) applies to an area only if— the area continues to be designated as a special facilities zone, or like zone, under the scheme; or the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— a development permit that— was given before the designation ceased; and has not lapsed; and is for building work or operational work under the Planning Act; or an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or a development permit given for a superseded planning scheme request under the Planning Act.\n(sec.74-ssec.3) However, subsection (1)(b) also applies to an area if— the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and the clearing of vegetation is in relation to the development rights.\n(sec.74-ssec.4) In this section— special facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 — for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and in which development of a particular type may be carried out without a development approval.\n- (a) under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or\n- (b) in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .\n- (a) the area continues to be designated as a special facilities zone, or like zone, under the scheme; or\n- (b) the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or (v) a development permit given for a superseded planning scheme request under the Planning Act.\n- (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or\n- (A) was given before the designation ceased; and\n- (B) has not lapsed; and\n- (C) is for building work or operational work under the Planning Act; or\n- (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or\n- (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or\n- (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or\n- (v) a development permit given for a superseded planning scheme request under the Planning Act.\n- (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or\n- (A) was given before the designation ceased; and\n- (B) has not lapsed; and\n- (C) is for building work or operational work under the Planning Act; or\n- (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or\n- (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or\n- (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or\n- (v) a development permit given for a superseded planning scheme request under the Planning Act.\n- (A) was given before the designation ceased; and\n- (B) has not lapsed; and\n- (C) is for building work or operational work under the Planning Act; or\n- (a) the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and\n- (b) the clearing of vegetation is in relation to the development rights.\n- (a) for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and\n- (b) in which development of a particular type may be carried out without a development approval.","sortOrder":276},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004","content":"## Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004","sortOrder":277},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 orig s 75 exp 16 September 2000 (see s 85A)\nprev s 75 ins 2004 No. 1 s 27\nom 2016 No. 27 s 652","sortOrder":278},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 orig s 76 exp 16 September 2000 (see s 85A)\nprev s 76 ins 2004 No. 1 s 27\nsub 2004 No. 33 s 45\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 652","sortOrder":279},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 orig s 77 exp 16 September 2000 (see s 85A)\nprev s 77 ins 2004 No. 1 s 27\nsub 2004 No. 33 s 45\nom 2016 No. 27 s 652","sortOrder":280},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 orig s 78 exp 16 September 2000 (see s 85A)\nprev s 78 ins 2004 No. 1 s 27\namd 2004 No. 33 s 46 ; 2012 No. 43 s 325 sch 2\nom 2016 No. 27 s 652","sortOrder":281},{"sectionNumber":"sec.79","sectionType":"section","heading":"When the Land Act 1994 continues to apply","content":"### sec.79 When the Land Act 1994 continues to apply\n\nThe Land Act 1994 , as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3, continues to apply for tree clearing permits issued under the Land Act 1994 or as a result of an application dealt with under section 77 or 78.\nThe Land Act 1994 , as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3, continues to apply for monitoring, enforcing compliance with or the prosecution of an offence against a tree clearing provision under the Land Act 1994 , as in force immediately before the commencement.\ns 79 prev s 79 exp 16 September 2000 (see s 85A)\npres s 79 ins 2004 No. 1 s 27\n(sec.79-ssec.1) The Land Act 1994 , as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3, continues to apply for tree clearing permits issued under the Land Act 1994 or as a result of an application dealt with under section 77 or 78.\n(sec.79-ssec.2) The Land Act 1994 , as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3, continues to apply for monitoring, enforcing compliance with or the prosecution of an offence against a tree clearing provision under the Land Act 1994 , as in force immediately before the commencement.","sortOrder":282},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 orig s 80 exp 16 September 2000 (see s 85A)\nprev s 80 ins 2004 No. 1 s 27\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 653","sortOrder":283},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005","content":"## Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005","sortOrder":284},{"sectionNumber":"sec.81","sectionType":"section","heading":"Effect on existing riverine protection permits","content":"### sec.81 Effect on existing riverine protection permits\n\nThis section applies to the clearing of vegetation carried out—\nafter the commencement of this section; and\nunder the authority of a permit—\nissued under the Water Act 2000 , section 269; and\nin force immediately before the commencement of this section; and\nin a watercourse or lake; and\non land other than freehold land.\nThe clearing is taken to be lawfully carried out under this Act and the Planning Act even if there is, for the clearing, no development permit given for operational work as defined under that Act that is—\nthe clearing of vegetation; and\ncategorised as assessable development under a regulation made under the Planning Act.\ns 81 prev s 81 exp 16 September 2000 (see s 85A)\npres s 81 ins 2005 No. 41 s 5\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 654\n(sec.81-ssec.1) This section applies to the clearing of vegetation carried out— after the commencement of this section; and under the authority of a permit— issued under the Water Act 2000 , section 269; and in force immediately before the commencement of this section; and in a watercourse or lake; and on land other than freehold land.\n(sec.81-ssec.2) The clearing is taken to be lawfully carried out under this Act and the Planning Act even if there is, for the clearing, no development permit given for operational work as defined under that Act that is— the clearing of vegetation; and categorised as assessable development under a regulation made under the Planning Act.\n- (a) after the commencement of this section; and\n- (b) under the authority of a permit— (i) issued under the Water Act 2000 , section 269; and (ii) in force immediately before the commencement of this section; and\n- (i) issued under the Water Act 2000 , section 269; and\n- (ii) in force immediately before the commencement of this section; and\n- (c) in a watercourse or lake; and\n- (d) on land other than freehold land.\n- (i) issued under the Water Act 2000 , section 269; and\n- (ii) in force immediately before the commencement of this section; and\n- (a) the clearing of vegetation; and\n- (b) categorised as assessable development under a regulation made under the Planning Act.","sortOrder":285},{"sectionNumber":"sec.82","sectionType":"section","heading":"Validation of particular clearing","content":"### sec.82 Validation of particular clearing\n\nThis section applies to the clearing of vegetation carried out—\nafter 20 May 2004 but before the commencement of this section; and\nto the extent necessary for an activity approved under another Act; and\nin a watercourse or lake; and\non land other than freehold land.\nThe clearing is taken to have been lawfully carried out under this Act and the repealed Integrated Planning Act 1997 even if there was, for the clearing, no development permit given for operational work under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 4, items 1A to 1G.\nIn this section—\nactivity does not include an activity relating to a development approval under the repealed Integrated Planning Act 1997 given for a material change of use of premises or the reconfiguration of a lot.\ns 82 prev s 82 exp 16 September 2000 (see s 85A)\npres s 82 ins 2005 No. 41 s 5\namd 2009 No. 36 s 872 sch 2\n(sec.82-ssec.1) This section applies to the clearing of vegetation carried out— after 20 May 2004 but before the commencement of this section; and to the extent necessary for an activity approved under another Act; and in a watercourse or lake; and on land other than freehold land.\n(sec.82-ssec.2) The clearing is taken to have been lawfully carried out under this Act and the repealed Integrated Planning Act 1997 even if there was, for the clearing, no development permit given for operational work under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 4, items 1A to 1G.\n(sec.82-ssec.3) In this section— activity does not include an activity relating to a development approval under the repealed Integrated Planning Act 1997 given for a material change of use of premises or the reconfiguration of a lot.\n- (a) after 20 May 2004 but before the commencement of this section; and\n- (b) to the extent necessary for an activity approved under another Act; and\n- (c) in a watercourse or lake; and\n- (d) on land other than freehold land.","sortOrder":286},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 orig s 83 amd 2000 No. 35 s 14\nexp 16 September 2000 (see s 85A)\nprev s 83 ins 2005 No. 41 s 5\nom 2016 No. 27 s 655","sortOrder":287},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Transitional provision for Land and Other Legislation Amendment Act 2007","content":"## Transitional provision for Land and Other Legislation Amendment Act 2007","sortOrder":288},{"sectionNumber":"sec.84","sectionType":"section","heading":"Existing appeals under s 22C","content":"### sec.84 Existing appeals under s 22C\n\nSubsection (2) applies if, before the commencement—\na person has appealed to a tribunal under the repealed Integrated Planning Act 1997 , section 4.2.9, about an application for which section 22C as in force before the commencement applied; and\nthe appeal has not been decided.\nThe tribunal may hear, or continue to hear, and decide the appeal as if the Land and Other Legislation Amendment Act 2007 , part 9, had not commenced.\nIn this section—\ncommencement means the day this section commences.\ns 84 prev s 84 amd 2000 No. 35 s 15\nexp 16 September 2000 (see s 85A)\npres s 84 ins 2007 No. 19 s 226\namd 2009 No. 36 s 872 sch 2\n(sec.84-ssec.1) Subsection (2) applies if, before the commencement— a person has appealed to a tribunal under the repealed Integrated Planning Act 1997 , section 4.2.9, about an application for which section 22C as in force before the commencement applied; and the appeal has not been decided.\n(sec.84-ssec.2) The tribunal may hear, or continue to hear, and decide the appeal as if the Land and Other Legislation Amendment Act 2007 , part 9, had not commenced.\n(sec.84-ssec.3) In this section— commencement means the day this section commences.\n- (a) a person has appealed to a tribunal under the repealed Integrated Planning Act 1997 , section 4.2.9, about an application for which section 22C as in force before the commencement applied; and\n- (b) the appeal has not been decided.","sortOrder":289},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Declaratory and transitional provisions for Vegetation Management Amendment Act 2008","content":"## Declaratory and transitional provisions for Vegetation Management Amendment Act 2008","sortOrder":290},{"sectionNumber":"sec.85","sectionType":"section","heading":"Declaration about types of regional ecosystems","content":"### sec.85 Declaration about types of regional ecosystems\n\nIt is declared that—\nif, for any period before the commencement day, the regulation stated that a regional ecosystem was an endangered regional ecosystem for the definition endangered regional ecosystem in this Act, the regional ecosystem was an endangered regional ecosystem for the period; and\nif, for any period before the commencement day, the regulation stated that a regional ecosystem was a not of concern regional ecosystem for the definition not of concern regional ecosystem in this Act, the regional ecosystem was a not of concern regional ecosystem for the period; and\nif, for any period before the commencement day, the regulation stated that a regional ecosystem was an of concern regional ecosystem for the definition of concern regional ecosystem in this Act, the regional ecosystem was an of concern regional ecosystem for the period.\nSubsection (1) applies despite any provision of the Act in force before the commencement day including the definitions endangered regional ecosystem , not of concern regional ecosystem and of concern regional ecosystem .\nSubsection (1) applies for all purposes, including a civil or criminal proceeding decided before, or started before or after, the commencement day.\nIn this section—\ncommencement day means the day this section commences.\nregulation means the Vegetation Management Regulation 2000 .\ns 85 prev s 85 amd 2000 No. 35 s 16\nexp 16 September 2000 (see s 85A)\npres s 85 ins 2008 No. 8 s 5\n(sec.85-ssec.1) It is declared that— if, for any period before the commencement day, the regulation stated that a regional ecosystem was an endangered regional ecosystem for the definition endangered regional ecosystem in this Act, the regional ecosystem was an endangered regional ecosystem for the period; and if, for any period before the commencement day, the regulation stated that a regional ecosystem was a not of concern regional ecosystem for the definition not of concern regional ecosystem in this Act, the regional ecosystem was a not of concern regional ecosystem for the period; and if, for any period before the commencement day, the regulation stated that a regional ecosystem was an of concern regional ecosystem for the definition of concern regional ecosystem in this Act, the regional ecosystem was an of concern regional ecosystem for the period.\n(sec.85-ssec.2) Subsection (1) applies despite any provision of the Act in force before the commencement day including the definitions endangered regional ecosystem , not of concern regional ecosystem and of concern regional ecosystem .\n(sec.85-ssec.3) Subsection (1) applies for all purposes, including a civil or criminal proceeding decided before, or started before or after, the commencement day.\n(sec.85-ssec.4) In this section— commencement day means the day this section commences. regulation means the Vegetation Management Regulation 2000 .\n- (a) if, for any period before the commencement day, the regulation stated that a regional ecosystem was an endangered regional ecosystem for the definition endangered regional ecosystem in this Act, the regional ecosystem was an endangered regional ecosystem for the period; and\n- (b) if, for any period before the commencement day, the regulation stated that a regional ecosystem was a not of concern regional ecosystem for the definition not of concern regional ecosystem in this Act, the regional ecosystem was a not of concern regional ecosystem for the period; and\n- (c) if, for any period before the commencement day, the regulation stated that a regional ecosystem was an of concern regional ecosystem for the definition of concern regional ecosystem in this Act, the regional ecosystem was an of concern regional ecosystem for the period.","sortOrder":291},{"sectionNumber":"sec.85A","sectionType":"section","heading":null,"content":"### Section sec.85A\n\ns 85A ins 2000 No. 35 s 17\nexp 16 September 2000 (see s 85A)","sortOrder":292},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 orig s 86 exp 16 September 2000 (see s 97)\nprev s 86 ins 2008 No. 8 s 5\nom 2013 No. 39 s 109 sch 2","sortOrder":293},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":null,"content":"","sortOrder":294},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 orig s 87 exp 16 September 2000 (see s 97)\nprev s 87 ins 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 656","sortOrder":295},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009","content":"## Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009","sortOrder":296},{"sectionNumber":"sec.88","sectionType":"section","heading":"Definitions for div 7","content":"### sec.88 Definitions for div 7\n\nIn this division—\namending Act means the Vegetation Management and Other Legislation Amendment Act 2009 .\nmoratorium period see the repealed Moratorium Act, section 7.\nretrospective period means the period—\nstarting on 8 October 2009; and\nending immediately before the date of assent of the amending Act.\nunamended Act means this Act as in force immediately before 8 October 2009.\ns 88 prev s 88 exp 16 September 2000 (see prev s 97)\npres s 88 ins 2009 No. 43 s 48 (retro)\n- (a) starting on 8 October 2009; and\n- (b) ending immediately before the date of assent of the amending Act.","sortOrder":297},{"sectionNumber":"sec.89","sectionType":"section","heading":"References to unamended Act","content":"### sec.89 References to unamended Act\n\nIf this division states that a provision of the unamended Act continues to apply—\nthe provision applies as if the amending Act had not been enacted; and\nany other provision referred to in the provision continues to apply.\ns 89 prev s 89 exp 16 September 2000 (see prev s 97)\npres s 89 ins 2009 No. 43 s 48 (retro)\n- (a) the provision applies as if the amending Act had not been enacted; and\n- (b) any other provision referred to in the provision continues to apply.","sortOrder":298},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 orig s 90 exp 16 September 2000 (see prev s 97)\nprev s 90 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":299},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 orig s 91 exp 16 September 2000 (see prev s 97)\nprev s 91 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":300},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 orig s 92 amd 2000 No. 35 s 18\nexp 16 September 2000 (see prev s 97)\nprev s 92 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":301},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 orig s 93 sub 2000 No. 35 s 19\nexp 16 September 2000 (see prev s 97)\nprev s 93 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":302},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 orig s 94 amd 2000 No. 35 s 20\nexp 16 September 2000 (see prev s 97)\nprev s 94 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":303},{"sectionNumber":"sec.94A","sectionType":"section","heading":null,"content":"### Section sec.94A\n\ns 94A ins 2000 No. 35 s 21\nexp 16 September 2000 (see prev s 97)","sortOrder":304},{"sectionNumber":"sec.94B","sectionType":"section","heading":null,"content":"### Section sec.94B\n\ns 94B ins 2000 No. 35 s 20\nexp 16 September 2000 (see prev s 97)","sortOrder":305},{"sectionNumber":"sec.94C","sectionType":"section","heading":null,"content":"### Section sec.94C\n\ns 94C ins 2000 No. 35 s 20\nexp 16 September 2000 (see prev s 97)","sortOrder":306},{"sectionNumber":"sec.94D","sectionType":"section","heading":null,"content":"### Section sec.94D\n\ns 94D ins 2000 No. 35 s 20\nexp 16 September 2000 (see prev s 97)","sortOrder":307},{"sectionNumber":"sec.94E","sectionType":"section","heading":null,"content":"### Section sec.94E\n\ns 94E ins 2000 No. 35 s 20\nexp 16 September 2000 (see prev s 97)","sortOrder":308},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 orig s 95 exp 16 September 2000 (see prev s 97)\nprev s 95 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 657","sortOrder":309},{"sectionNumber":"sec.96","sectionType":"section","heading":"Existing compliance notices","content":"### sec.96 Existing compliance notices\n\nIf an existing compliance notice requires the person given the notice to stop committing the offence, the compliance notice is, from 8 October 2009, taken to be a stop work notice.\nIf an existing compliance notice requires the person given the notice to stop committing the offence and to rectify the matter the subject of the compliance notice, the person is, from 8 October 2009, taken to have been given a stop work notice and a restoration notice.\nIf an existing compliance notice requires the person to rectify the matter the subject of the compliance notice, the compliance notice is, from 8 October 2009, taken to be a restoration notice.\nThis section applies despite section 54A (3) or (4) or 54B (3) or (4) .\nIn this section—\nexisting compliance notice means—\na compliance notice for a vegetation clearing offence in force immediately before 8 October 2009; or\na Land Act notice.\ns 96 prev s 96 amd 2000 No. 35 s 22\nexp 16 September 2000 (see prev s 97)\npres s 96 ins 2009 No. 43 s 48 (retro)\n(sec.96-ssec.1) If an existing compliance notice requires the person given the notice to stop committing the offence, the compliance notice is, from 8 October 2009, taken to be a stop work notice.\n(sec.96-ssec.2) If an existing compliance notice requires the person given the notice to stop committing the offence and to rectify the matter the subject of the compliance notice, the person is, from 8 October 2009, taken to have been given a stop work notice and a restoration notice.\n(sec.96-ssec.3) If an existing compliance notice requires the person to rectify the matter the subject of the compliance notice, the compliance notice is, from 8 October 2009, taken to be a restoration notice.\n(sec.96-ssec.4) This section applies despite section 54A (3) or (4) or 54B (3) or (4) .\n(sec.96-ssec.5) In this section— existing compliance notice means— a compliance notice for a vegetation clearing offence in force immediately before 8 October 2009; or a Land Act notice.\n- (a) a compliance notice for a vegetation clearing offence in force immediately before 8 October 2009; or\n- (b) a Land Act notice.","sortOrder":310},{"sectionNumber":"sec.97","sectionType":"section","heading":"Tree clearing provisions under unamended Land Act","content":"### sec.97 Tree clearing provisions under unamended Land Act\n\nFrom 8 October 2009, section 79 (2) continues to apply in relation to an offence against a tree clearing provision under the unamended Land Act except that—\na reference to a compliance notice under the unamended Land Act to stop committing the offence is, from 8 October 2009, taken to be a reference to a stop work notice; and\na reference to a compliance notice under the unamended Land Act to rectify the matter is, from 8 October 2009, taken to be a restoration notice.\nIn this section—\nunamended Land Act means the Land Act 1994 as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3.\ns 97 prev s 97 ins 2000 No. 35 s 23\nexp 16 September 2000 (see prev s 97)\npres s 97 ins 2009 No. 43 s 48 (retro)\n(sec.97-ssec.1) From 8 October 2009, section 79 (2) continues to apply in relation to an offence against a tree clearing provision under the unamended Land Act except that— a reference to a compliance notice under the unamended Land Act to stop committing the offence is, from 8 October 2009, taken to be a reference to a stop work notice; and a reference to a compliance notice under the unamended Land Act to rectify the matter is, from 8 October 2009, taken to be a restoration notice.\n(sec.97-ssec.2) In this section— unamended Land Act means the Land Act 1994 as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3.\n- (a) a reference to a compliance notice under the unamended Land Act to stop committing the offence is, from 8 October 2009, taken to be a reference to a stop work notice; and\n- (b) a reference to a compliance notice under the unamended Land Act to rectify the matter is, from 8 October 2009, taken to be a restoration notice.","sortOrder":311},{"sectionNumber":"sec.98","sectionType":"section","heading":"Existing development approvals and development applications","content":"### sec.98 Existing development approvals and development applications\n\nA development approval under the Planning Act that is in force immediately before 8 October 2009 has effect as if the amending Act had not been enacted.\nSubsection (3) applies if, immediately before 8 October 2009—\na development application had been made; and\nclearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and\nthe application was a properly made application and had not lapsed under the Planning Act; and\nthe application had not been decided.\nIf a development approval under the Planning Act is given for the development, the regulated regrowth vegetation may be cleared under the development approval as if the amending Act had not been enacted.\ns 98 prev s 98 ins 2000 No. 35 s 24\nexp 16 September 2000 (see prev s 100)\npres s 98 ins 2009 No. 43 s 48 (retro)\n(sec.98-ssec.1) A development approval under the Planning Act that is in force immediately before 8 October 2009 has effect as if the amending Act had not been enacted.\n(sec.98-ssec.2) Subsection (3) applies if, immediately before 8 October 2009— a development application had been made; and clearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and the application was a properly made application and had not lapsed under the Planning Act; and the application had not been decided.\n(sec.98-ssec.3) If a development approval under the Planning Act is given for the development, the regulated regrowth vegetation may be cleared under the development approval as if the amending Act had not been enacted.\n- (a) a development application had been made; and\n- (b) clearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and\n- (c) the application was a properly made application and had not lapsed under the Planning Act; and\n- (d) the application had not been decided.","sortOrder":312},{"sectionNumber":"sec.99","sectionType":"section","heading":"References to not of concern regional ecosystems","content":"### sec.99 References to not of concern regional ecosystems\n\nFrom 8 October 2009, a reference in an Act or document to a not of concern regional ecosystem is, if the context permits, taken to be a reference to a least concern regional ecosystem.\ns 99 prev s 99 ins 2000 No. 35 s 24\nexp 16 September 2000 (see prev s 100)\npres s 99 ins 2009 No. 43 s 48 (retro)","sortOrder":313},{"sectionNumber":"sec.100","sectionType":"section","heading":"Clearing of regulated regrowth vegetation in retrospective period not an offence","content":"### sec.100 Clearing of regulated regrowth vegetation in retrospective period not an offence\n\nThe repealed Integrated Planning Act 1997 , section 4.3.1(1), to the extent the provision relates to unauthorised development, does not apply to a person carrying out unauthorised development.\nHowever, if an official reasonably believes a person has carried out unauthorised development, the official may give the person a restoration notice for the development.\nIn this section—\nunauthorised development means development that is the clearing of regulated regrowth vegetation if—\nany of the following apply—\nthe clearing does not comply with the regrowth vegetation code;\nthere is no moratorium exemption in force for the development;\nthe clearing is exempt development; and\nthe clearing was carried out in the retrospective period.\ns 100 prev s 100 ins 2000 No. 35 s 24\nexp 16 September 2000 (see prev s 100)\npres s 100 ins 2009 No. 43 s 48 (retro)\namd 2016 No. 27 s 658\n(sec.100-ssec.1) The repealed Integrated Planning Act 1997 , section 4.3.1(1), to the extent the provision relates to unauthorised development, does not apply to a person carrying out unauthorised development.\n(sec.100-ssec.2) However, if an official reasonably believes a person has carried out unauthorised development, the official may give the person a restoration notice for the development.\n(sec.100-ssec.3) In this section— unauthorised development means development that is the clearing of regulated regrowth vegetation if— any of the following apply— the clearing does not comply with the regrowth vegetation code; there is no moratorium exemption in force for the development; the clearing is exempt development; and the clearing was carried out in the retrospective period.\n- (a) any of the following apply— (i) the clearing does not comply with the regrowth vegetation code; (ii) there is no moratorium exemption in force for the development; (iii) the clearing is exempt development; and\n- (i) the clearing does not comply with the regrowth vegetation code;\n- (ii) there is no moratorium exemption in force for the development;\n- (iii) the clearing is exempt development; and\n- (b) the clearing was carried out in the retrospective period.\n- (i) the clearing does not comply with the regrowth vegetation code;\n- (ii) there is no moratorium exemption in force for the development;\n- (iii) the clearing is exempt development; and","sortOrder":314},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application of s 19Q","content":"### sec.101 Application of s 19Q\n\nSection 19Q does not apply to a person conducting a native forest practice in an area of regulated regrowth vegetation until 1 year after 8 October 2009.\ns 101 ins 2009 No. 43 s 48 (retro)","sortOrder":315},{"sectionNumber":"sec.102","sectionType":"section","heading":"Not giving notice in retrospective period not an offence","content":"### sec.102 Not giving notice in retrospective period not an offence\n\nSection 19Q does not apply to a person conducting a native forest practice in an area of remnant vegetation in the retrospective period if—\nthe person started the native forest practice before the start of the retrospective period; or\notherwise—the person gives the chief executive the notice mentioned in section 19Q within 20 business days after the end of the retrospective period.\nSection 19V does not apply to a person clearing regulated regrowth vegetation in the retrospective period if—\nthe person started the clearing before the start of the retrospective period; or\notherwise—the person gives the chief executive the clearing notification mentioned in section 19V within 20 business days after the end of the retrospective period.\ns 102 ins 2009 No. 43 s 48 (retro)\n(sec.102-ssec.1) Section 19Q does not apply to a person conducting a native forest practice in an area of remnant vegetation in the retrospective period if— the person started the native forest practice before the start of the retrospective period; or otherwise—the person gives the chief executive the notice mentioned in section 19Q within 20 business days after the end of the retrospective period.\n(sec.102-ssec.2) Section 19V does not apply to a person clearing regulated regrowth vegetation in the retrospective period if— the person started the clearing before the start of the retrospective period; or otherwise—the person gives the chief executive the clearing notification mentioned in section 19V within 20 business days after the end of the retrospective period.\n- (a) the person started the native forest practice before the start of the retrospective period; or\n- (b) otherwise—the person gives the chief executive the notice mentioned in section 19Q within 20 business days after the end of the retrospective period.\n- (a) the person started the clearing before the start of the retrospective period; or\n- (b) otherwise—the person gives the chief executive the clearing notification mentioned in section 19V within 20 business days after the end of the retrospective period.","sortOrder":316},{"sectionNumber":"sec.103","sectionType":"section","heading":"Delayed applications to QCAT","content":"### sec.103 Delayed applications to QCAT\n\nIf a person may apply to QCAT under section 63B before QCAT comes into existence, the person may apply to QCAT within 20 business days after QCAT comes into existence.\ns 103 ins 2009 No. 43 s 48 (retro)","sortOrder":317},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 ins 2009 No. 43 s 48 (retro)\nom 2013 No. 39 s 109 sch 2","sortOrder":318},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 659","sortOrder":319},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 659","sortOrder":320},{"sectionNumber":"sec.107","sectionType":"section","heading":"Existing show cause notices and compliance notices","content":"### sec.107 Existing show cause notices and compliance notices\n\nSubsection (2) applies if, before 8 October 2009—\na person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and\nthe chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and\nan official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.\nFrom 8 October 2009—\nthe repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and\na reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and\na reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.\nSubsection (4) applies if a compliance notice was given under the repealed Moratorium Act, section 26 before 8 October 2009 in relation to the carrying out of prohibited development under that Act.\nFrom 8 October 2009—\nthe compliance notice is taken to be a restoration notice; and\na reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.\nIn this section—\ncompliance notice see the repealed Moratorium Act, section 24(2).\nshow cause notice means a notice that complies with the Moratorium Act, section 24(3).\ns 107 ins 2009 No. 43 s 48 (retro)\n(sec.107-ssec.1) Subsection (2) applies if, before 8 October 2009— a person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and the chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and an official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.\n(sec.107-ssec.2) From 8 October 2009— the repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and a reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.\n(sec.107-ssec.3) Subsection (4) applies if a compliance notice was given under the repealed Moratorium Act, section 26 before 8 October 2009 in relation to the carrying out of prohibited development under that Act.\n(sec.107-ssec.4) From 8 October 2009— the compliance notice is taken to be a restoration notice; and a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.\n(sec.107-ssec.5) In this section— compliance notice see the repealed Moratorium Act, section 24(2). show cause notice means a notice that complies with the Moratorium Act, section 24(3).\n- (a) a person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and\n- (b) the chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and\n- (c) an official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.\n- (a) the repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and\n- (b) a reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and\n- (c) a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.\n- (a) the compliance notice is taken to be a restoration notice; and\n- (b) a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.","sortOrder":321},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 ins 2009 No. 43 s 48 (retro)\nom 2016 No. 27 s 660","sortOrder":322},{"sectionNumber":"pt.6-div.8","sectionType":"division","heading":"Transitional provision for Land, Water and Other Legislation Amendment Act 2013","content":"## Transitional provision for Land, Water and Other Legislation Amendment Act 2013","sortOrder":323},{"sectionNumber":"sec.109","sectionType":"section","heading":"Validation for reliance on particular maps","content":"### sec.109 Validation for reliance on particular maps\n\nThis section applies if, before the commencement of this section—\nthe chief executive—\nassessed, as the assessment manager or a concurrence agency, a vegetation clearing application against a regional vegetation management code; or\nassessed, as a concurrence agency, a concurrence agency application against a regional vegetation management code; and\nthe code referred to a document it called the ‘vegetation management watercourse map’; and\nthe chief executive, in assessing the application against the code, relied on the document; and\nwhen the application was assessed, the document was known by any of the following names—\n‘ Vegetation Management Act Remnant Watercourses Version 2.1’;\n‘ Vegetation Management Act Remnant Watercourses 25K Version 2.1’;\n‘Vegetation management watercourse map part 1 ’;\n‘Vegetation management watercourse map part 2 ’.\nThe chief executive’s reliance on the document is taken to be, and always to have been, valid for assessing the application.\ns 109 ins 2013 No. 23 s 225\n(sec.109-ssec.1) This section applies if, before the commencement of this section— the chief executive— assessed, as the assessment manager or a concurrence agency, a vegetation clearing application against a regional vegetation management code; or assessed, as a concurrence agency, a concurrence agency application against a regional vegetation management code; and the code referred to a document it called the ‘vegetation management watercourse map’; and the chief executive, in assessing the application against the code, relied on the document; and when the application was assessed, the document was known by any of the following names— ‘ Vegetation Management Act Remnant Watercourses Version 2.1’; ‘ Vegetation Management Act Remnant Watercourses 25K Version 2.1’; ‘Vegetation management watercourse map part 1 ’; ‘Vegetation management watercourse map part 2 ’.\n(sec.109-ssec.2) The chief executive’s reliance on the document is taken to be, and always to have been, valid for assessing the application.\n- (a) the chief executive— (i) assessed, as the assessment manager or a concurrence agency, a vegetation clearing application against a regional vegetation management code; or (ii) assessed, as a concurrence agency, a concurrence agency application against a regional vegetation management code; and\n- (i) assessed, as the assessment manager or a concurrence agency, a vegetation clearing application against a regional vegetation management code; or\n- (ii) assessed, as a concurrence agency, a concurrence agency application against a regional vegetation management code; and\n- (b) the code referred to a document it called the ‘vegetation management watercourse map’; and\n- (c) the chief executive, in assessing the application against the code, relied on the document; and\n- (d) when the application was assessed, the document was known by any of the following names— (i) ‘ Vegetation Management Act Remnant Watercourses Version 2.1’; (ii) ‘ Vegetation Management Act Remnant Watercourses 25K Version 2.1’; (iii) ‘Vegetation management watercourse map part 1 ’; (iv) ‘Vegetation management watercourse map part 2 ’.\n- (i) ‘ Vegetation Management Act Remnant Watercourses Version 2.1’;\n- (ii) ‘ Vegetation Management Act Remnant Watercourses 25K Version 2.1’;\n- (iii) ‘Vegetation management watercourse map part 1 ’;\n- (iv) ‘Vegetation management watercourse map part 2 ’.\n- (i) assessed, as the assessment manager or a concurrence agency, a vegetation clearing application against a regional vegetation management code; or\n- (ii) assessed, as a concurrence agency, a concurrence agency application against a regional vegetation management code; and\n- (i) ‘ Vegetation Management Act Remnant Watercourses Version 2.1’;\n- (ii) ‘ Vegetation Management Act Remnant Watercourses 25K Version 2.1’;\n- (iii) ‘Vegetation management watercourse map part 1 ’;\n- (iv) ‘Vegetation management watercourse map part 2 ’.","sortOrder":324},{"sectionNumber":"pt.6-div.9","sectionType":"division","heading":"Transitional provisions for Vegetation Management Framework Amendment Act 2013","content":"## Transitional provisions for Vegetation Management Framework Amendment Act 2013","sortOrder":325},{"sectionNumber":"sec.110","sectionType":"section","heading":"Definitions for div 9","content":"### sec.110 Definitions for div 9\n\nIn this division—\namending Act means the Vegetation Management Framework Amendment Act 2013 .\nclearing activity means conducting a native forest practice or clearing regulated regrowth vegetation under a relevant code.\nexisting PMAV means a PMAV made before the commencement.\nnotice means—\na notice given under the unamended Act, section 19Q; or\na clearing notification given under the unamended Act, section 19U.\nrelevant code means each of the following as in force immediately before the commencement—\nthe native forest practice code;\nthe regrowth vegetation code.\nunamended Act means this Act as in force before the commencement.\nwild river area see the Wild Rivers Act 2005 , schedule.\ns 110 ins 2013 No. 24 s 64\n- (a) a notice given under the unamended Act, section 19Q; or\n- (b) a clearing notification given under the unamended Act, section 19U.\n- (a) the native forest practice code;\n- (b) the regrowth vegetation code.","sortOrder":326},{"sectionNumber":"sec.111","sectionType":"section","heading":"Change to category C areas on freehold land or indigenous land","content":"### sec.111 Change to category C areas on freehold land or indigenous land\n\nThis section applies to an area located on freehold land or indigenous land shown as a category C area on a PMAV immediately before this section commences.\nFrom the commencement, the PMAV is taken to be amended to show the area on the regulated vegetation management map as—\na category X area; or\na category R area.\ns 111 ins 2013 No. 24 s 64\n(sec.111-ssec.1) This section applies to an area located on freehold land or indigenous land shown as a category C area on a PMAV immediately before this section commences.\n(sec.111-ssec.2) From the commencement, the PMAV is taken to be amended to show the area on the regulated vegetation management map as— a category X area; or a category R area.\n- (a) a category X area; or\n- (b) a category R area.","sortOrder":327},{"sectionNumber":"sec.112","sectionType":"section","heading":"Particular PMAV applications","content":"### sec.112 Particular PMAV applications\n\nThis section applies if, before this section commences—\nan owner of land applied to the chief executive for the making of a PMAV for the land or part of the land; and\nthe chief executive has not made a PMAV for the land or the part of the land the subject of the application.\nThe chief executive may consider the application and make the PMAV under the unamended Act.\ns 112 ins 2013 No. 24 s 64\n(sec.112-ssec.1) This section applies if, before this section commences— an owner of land applied to the chief executive for the making of a PMAV for the land or part of the land; and the chief executive has not made a PMAV for the land or the part of the land the subject of the application.\n(sec.112-ssec.2) The chief executive may consider the application and make the PMAV under the unamended Act.\n- (a) an owner of land applied to the chief executive for the making of a PMAV for the land or part of the land; and\n- (b) the chief executive has not made a PMAV for the land or the part of the land the subject of the application.","sortOrder":328},{"sectionNumber":"sec.113","sectionType":"section","heading":"Revocation of particular PMAVs over wild river high preservation areas","content":"### sec.113 Revocation of particular PMAVs over wild river high preservation areas\n\nThis section applies to a PMAV, in effect immediately before this section commences, if—\nthe PMAV is for an area that includes land in a wild rivers high preservation area; and\nthe chief executive made the PMAV under section 20B(1)(a) because the area became a declared area; and\nthe area became a declared area under section 17(1A) of the unamended Act.\nOn the commencement, the PMAV is revoked to the extent it includes the land in the wild river high preservation area.\nIn this section—\nwild river high preservation area means a high preservation area under the Wild Rivers Act 2005 .\ns 113 ins 2013 No. 24 s 64\n(sec.113-ssec.1) This section applies to a PMAV, in effect immediately before this section commences, if— the PMAV is for an area that includes land in a wild rivers high preservation area; and the chief executive made the PMAV under section 20B(1)(a) because the area became a declared area; and the area became a declared area under section 17(1A) of the unamended Act.\n(sec.113-ssec.2) On the commencement, the PMAV is revoked to the extent it includes the land in the wild river high preservation area.\n(sec.113-ssec.3) In this section— wild river high preservation area means a high preservation area under the Wild Rivers Act 2005 .\n- (a) the PMAV is for an area that includes land in a wild rivers high preservation area; and\n- (b) the chief executive made the PMAV under section 20B(1)(a) because the area became a declared area; and\n- (c) the area became a declared area under section 17(1A) of the unamended Act.","sortOrder":329},{"sectionNumber":"sec.114","sectionType":"section","heading":"Vegetation category areas on existing PMAVs","content":"### sec.114 Vegetation category areas on existing PMAVs\n\nThis section applies to land identified as a vegetation category area on a PMAV immediately before this section commences.\nSubject to section 111, each category A area, category B area, category C area or category X area on an existing PMAV is taken to be the corresponding vegetation category area shown on the regulated vegetation management map.\ns 114 ins 2013 No. 24 s 64\n(sec.114-ssec.1) This section applies to land identified as a vegetation category area on a PMAV immediately before this section commences.\n(sec.114-ssec.2) Subject to section 111, each category A area, category B area, category C area or category X area on an existing PMAV is taken to be the corresponding vegetation category area shown on the regulated vegetation management map.","sortOrder":330},{"sectionNumber":"sec.115","sectionType":"section","heading":"Information on register of clearing notifications","content":"### sec.115 Information on register of clearing notifications\n\nThis section applies to information kept on the register under the unamended Act, section 19X.\nFrom the commencement of this section, the information is to be included on the register the chief executive must keep under section 19R.\ns 115 ins 2013 No. 24 s 64\n(sec.115-ssec.1) This section applies to information kept on the register under the unamended Act, section 19X.\n(sec.115-ssec.2) From the commencement of this section, the information is to be included on the register the chief executive must keep under section 19R.","sortOrder":331},{"sectionNumber":"sec.116","sectionType":"section","heading":"Particular notices","content":"### sec.116 Particular notices\n\nThis section applies to a notice given to the chief executive immediately before this section commences and not included on the register kept by the chief executive.\nFrom the commencement, each notice is taken to be a notice given under a self-assessable vegetation clearing code and to be included on the register the chief executive must keep under section 19R.\ns 116 ins 2013 No. 24 s 64\n(sec.116-ssec.1) This section applies to a notice given to the chief executive immediately before this section commences and not included on the register kept by the chief executive.\n(sec.116-ssec.2) From the commencement, each notice is taken to be a notice given under a self-assessable vegetation clearing code and to be included on the register the chief executive must keep under section 19R.","sortOrder":332},{"sectionNumber":"sec.117","sectionType":"section","heading":"Compliance with codes","content":"### sec.117 Compliance with codes\n\nThis section applies to a clearing activity carried out under a relevant code.\nFrom the commencement of this section, the clearing activity is taken to be clearing vegetation or conducting a native forest practice under any self-assessable vegetation clearing code applying to the activity.\ns 117 ins 2013 No. 24 s 64\n(sec.117-ssec.1) This section applies to a clearing activity carried out under a relevant code.\n(sec.117-ssec.2) From the commencement of this section, the clearing activity is taken to be clearing vegetation or conducting a native forest practice under any self-assessable vegetation clearing code applying to the activity.","sortOrder":333},{"sectionNumber":"sec.118","sectionType":"section","heading":"Existing development approvals","content":"### sec.118 Existing development approvals\n\nThis section applies if, before this section commences, a development approval was given for clearing.\nFrom the commencement—\nthe development approval has effect as if the amending Act had not been enacted; and\na reference in the development approval to the regional ecosystem map or remnant map is taken to be a reference to the regional ecosystem map or remnant map as in force when the development approval was given.\ns 118 ins 2013 No. 24 s 64\n(sec.118-ssec.1) This section applies if, before this section commences, a development approval was given for clearing.\n(sec.118-ssec.2) From the commencement— the development approval has effect as if the amending Act had not been enacted; and a reference in the development approval to the regional ecosystem map or remnant map is taken to be a reference to the regional ecosystem map or remnant map as in force when the development approval was given.\n- (a) the development approval has effect as if the amending Act had not been enacted; and\n- (b) a reference in the development approval to the regional ecosystem map or remnant map is taken to be a reference to the regional ecosystem map or remnant map as in force when the development approval was given.","sortOrder":334},{"sectionNumber":"sec.119","sectionType":"section","heading":"Reference to particular maps","content":"### sec.119 Reference to particular maps\n\nThis section applies if, before this section commences, a document makes reference to—\nthe regional ecosystem map; or\nthe regrowth vegetation map; or\nthe remnant map; or\nthe registered area of agriculture map.\nSubject to section 118, from the commencement, if the context permits, the reference in the document is taken to be a reference to the regulated vegetation management map.\ns 119 ins 2013 No. 24 s 64\n(sec.119-ssec.1) This section applies if, before this section commences, a document makes reference to— the regional ecosystem map; or the regrowth vegetation map; or the remnant map; or the registered area of agriculture map.\n(sec.119-ssec.2) Subject to section 118, from the commencement, if the context permits, the reference in the document is taken to be a reference to the regulated vegetation management map.\n- (a) the regional ecosystem map; or\n- (b) the regrowth vegetation map; or\n- (c) the remnant map; or\n- (d) the registered area of agriculture map.","sortOrder":335},{"sectionNumber":"sec.120","sectionType":"section","heading":"Reference to relevant codes","content":"### sec.120 Reference to relevant codes\n\nThis section applies if, before this section commences, a document makes reference to a relevant code.\nFrom the commencement, if the context permits, the reference in the document is taken to be a reference to a self-assessable vegetation clearing code relating to the clearing activity to which the relevant code applied.\ns 120 ins 2013 No. 24 s 64\n(sec.120-ssec.1) This section applies if, before this section commences, a document makes reference to a relevant code.\n(sec.120-ssec.2) From the commencement, if the context permits, the reference in the document is taken to be a reference to a self-assessable vegetation clearing code relating to the clearing activity to which the relevant code applied.","sortOrder":336},{"sectionNumber":"sec.121","sectionType":"section","heading":"Applying guide for deciding penalty","content":"### sec.121 Applying guide for deciding penalty\n\nThis section applies for deciding the end of a proceeding for a vegetation clearing offence commenced before this section commences.\nSection 60B as in force immediately before the commencement continues to apply after the commencement to decide the end of the proceeding.\ns 121 ins 2013 No. 24 s 64\n(sec.121-ssec.1) This section applies for deciding the end of a proceeding for a vegetation clearing offence commenced before this section commences.\n(sec.121-ssec.2) Section 60B as in force immediately before the commencement continues to apply after the commencement to decide the end of the proceeding.","sortOrder":337},{"sectionNumber":"pt.6-div.10","sectionType":"division","heading":"Transitional provisions for Environmental Offsets Act 2014","content":"## Transitional provisions for Environmental Offsets Act 2014","sortOrder":338},{"sectionNumber":"sec.122","sectionType":"section","heading":"Continued effect of particular agreements","content":"### sec.122 Continued effect of particular agreements\n\nThis section applies despite the repeal of section 22DG by the Environmental Offsets Act 2014 .\nAn agreement mentioned in repealed section 22DG that is in existence immediately before the commencement of this section continues to have effect according to its terms.\nHowever, on and after the commencement, the area to which the agreement applies is a legally secured offset area for the Environmental Offsets Act 2014 .\ns 122 ins 2014 No. 33 s 147\n(sec.122-ssec.1) This section applies despite the repeal of section 22DG by the Environmental Offsets Act 2014 .\n(sec.122-ssec.2) An agreement mentioned in repealed section 22DG that is in existence immediately before the commencement of this section continues to have effect according to its terms.\n(sec.122-ssec.3) However, on and after the commencement, the area to which the agreement applies is a legally secured offset area for the Environmental Offsets Act 2014 .","sortOrder":339},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 ins 2014 No. 33 s 147\nexp 1 July 2015 (see s 123(4))","sortOrder":340},{"sectionNumber":"pt.6-div.11","sectionType":"division","heading":"Transitional provision for Water Reform And Other Legislation Amendment Act 2014","content":"## Transitional provision for Water Reform And Other Legislation Amendment Act 2014","sortOrder":341},{"sectionNumber":"sec.124","sectionType":"section","heading":"References to regrowth watercourse area and vegetation management watercourse map","content":"### sec.124 References to regrowth watercourse area and vegetation management watercourse map\n\nA reference in an Act or document to the regrowth watercourse area may, if the context permits, be read as a reference to the regrowth watercourse and drainage feature area.\nA reference in an Act or document to the vegetation management watercourse map may, if the context permits, be read as a reference to the vegetation management watercourse and drainage feature map.\ns 124 ins 2014 No. 64 s 55\n(sec.124-ssec.1) A reference in an Act or document to the regrowth watercourse area may, if the context permits, be read as a reference to the regrowth watercourse and drainage feature area.\n(sec.124-ssec.2) A reference in an Act or document to the vegetation management watercourse map may, if the context permits, be read as a reference to the vegetation management watercourse and drainage feature map.","sortOrder":342},{"sectionNumber":"pt.6-div.12","sectionType":"division","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"## Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":343},{"sectionNumber":"sec.125","sectionType":"section","heading":"Existing self-assessable vegetation clearing code continues in force","content":"### sec.125 Existing self-assessable vegetation clearing code continues in force\n\nA self-assessable vegetation clearing code in force immediately before the commencement—\ncontinues in force; and\nis taken to be an accepted development vegetation clearing code.\ns 125 (prev s 133) ins 2016 No. 27 s 661\nrenum 2018 No. 7 s 36 (2)\n- (a) continues in force; and\n- (b) is taken to be an accepted development vegetation clearing code.","sortOrder":344},{"sectionNumber":"sec.126","sectionType":"section","heading":"Existing vegetation clearing application or existing concurrence agency application","content":"### sec.126 Existing vegetation clearing application or existing concurrence agency application\n\nThis section applies to an existing vegetation clearing application or an existing concurrence agency application.\nThis Act, as in force immediately before the commencement, continues to apply in relation to the application as if the Planning (Consequential) and Other Legislation Amendment Act 2016 had not been enacted.\nIn this section—\nexisting concurrence agency application means a concurrence agency application as defined in the schedule immediately before the commencement, to which the Planning Act, section 287 applies.\nexisting vegetation clearing application means a vegetation clearing application as defined in the schedule immediately before the commencement, to which the Planning Act, section 288 applies.\ns 126 (prev s 134) ins 2016 No. 27 s 661\nrenum 2018 No. 7 s 36 (2)\n(sec.126-ssec.1) This section applies to an existing vegetation clearing application or an existing concurrence agency application.\n(sec.126-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to the application as if the Planning (Consequential) and Other Legislation Amendment Act 2016 had not been enacted.\n(sec.126-ssec.3) In this section— existing concurrence agency application means a concurrence agency application as defined in the schedule immediately before the commencement, to which the Planning Act, section 287 applies. existing vegetation clearing application means a vegetation clearing application as defined in the schedule immediately before the commencement, to which the Planning Act, section 288 applies.","sortOrder":345},{"sectionNumber":"sec.127","sectionType":"section","heading":"Declarations prepared under former s 16 or made under former s 17","content":"### sec.127 Declarations prepared under former s 16 or made under former s 17\n\nA declaration made under former section 17 and in force immediately before the commencement—\nSubsection (3) applies if—\nbefore the commencement, the Minister prepared, or started to prepare, a declaration under former section 16;\nthe declaration had not been made before the commencement.\nFormer sections 16 and 17(1) and (3) continue to apply in relation to the preparation and making of the declaration.\nHowever, the declaration must not include a code for the clearing of vegetation in the area to which the declaration relates.\nA declaration made under subsection (3) is taken to be a declaration made under section 17.\nIn this section—\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 .\ns 127 (prev s 135) ins 2016 No. 27 s 661\nrenum 2018 No. 7 s 36 (2)\n(sec.127-ssec.1) A declaration made under former section 17 and in force immediately before the commencement—\n(sec.127-ssec.2) Subsection (3) applies if— before the commencement, the Minister prepared, or started to prepare, a declaration under former section 16; the declaration had not been made before the commencement.\n(sec.127-ssec.3) Former sections 16 and 17(1) and (3) continue to apply in relation to the preparation and making of the declaration.\n(sec.127-ssec.4) However, the declaration must not include a code for the clearing of vegetation in the area to which the declaration relates.\n(sec.127-ssec.5) A declaration made under subsection (3) is taken to be a declaration made under section 17.\n(sec.127-ssec.6) In this section— former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 .\n- (a) before the commencement, the Minister prepared, or started to prepare, a declaration under former section 16;\n- (b) the declaration had not been made before the commencement.","sortOrder":346},{"sectionNumber":"pt.6-div.13","sectionType":"division","heading":"Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018","content":"## Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018","sortOrder":347},{"sectionNumber":"sec.128","sectionType":"section","heading":"Definitions for division","content":"### sec.128 Definitions for division\n\nIn this division—\narea management plan means an area management plan in force immediately before 8 March 2018.\ndate of assent means the date of assent of the Vegetation Management and Other Legislation Amendment Act 2018 .\ninterim period means the period starting on 8 March 2018 and ending immediately before the date of assent.\nnear threatened wildlife see the Nature Conservation Act 1992 , schedule.\nunlawful clearing means clearing of vegetation that, because of the amendment of this Act or the Planning Act by the Vegetation Management and Other Legislation Amendment Act 2018 , constitutes a development offence under the Planning Act.\ns 128 ins 2018 No. 7 s 37 (retro)","sortOrder":348},{"sectionNumber":"sec.129","sectionType":"section","heading":"Applications under s 20C made but not decided before 8 March 2018","content":"### sec.129 Applications under s 20C made but not decided before 8 March 2018\n\nThis section applies if—\nbefore 8 March 2018, an application was made under section 20C; and\nimmediately before 8 March 2018, the application had not been decided.\nThe chief executive must continue to deal with and decide the application under this Act as in force before 8 March 2018.\ns 129 ins 2018 No. 7 s 37 (retro)\n(sec.129-ssec.1) This section applies if— before 8 March 2018, an application was made under section 20C; and immediately before 8 March 2018, the application had not been decided.\n(sec.129-ssec.2) The chief executive must continue to deal with and decide the application under this Act as in force before 8 March 2018.\n- (a) before 8 March 2018, an application was made under section 20C; and\n- (b) immediately before 8 March 2018, the application had not been decided.","sortOrder":349},{"sectionNumber":"sec.130","sectionType":"section","heading":"Applications under s 20C made during the interim period","content":"### sec.130 Applications under s 20C made during the interim period\n\nThis section applies if, during the interim period, an application was made under section 20C to show an area on a PMAV as a category X area that, after 8 March 2018, becomes a category C area or category R area.\nA decision of the chief executive to show the area as a category X area on a PMAV during the interim period is taken to have no effect.\nThe chief executive may reconsider and decide the application and remake the PMAV after the date of assent.\ns 130 ins 2018 No. 7 s 37 (retro)\n(sec.130-ssec.1) This section applies if, during the interim period, an application was made under section 20C to show an area on a PMAV as a category X area that, after 8 March 2018, becomes a category C area or category R area.\n(sec.130-ssec.2) A decision of the chief executive to show the area as a category X area on a PMAV during the interim period is taken to have no effect.\n(sec.130-ssec.3) The chief executive may reconsider and decide the application and remake the PMAV after the date of assent.","sortOrder":350},{"sectionNumber":"sec.131","sectionType":"section","heading":"Proposed regulated vegetation management map","content":"### sec.131 Proposed regulated vegetation management map\n\nDuring the interim period, the chief executive must publish, and may republish, on the department’s website, a proposed regulated vegetation management map showing proposed category C areas and category R areas.\nThe proposed regulated vegetation management map is taken to be the regulated vegetation management map on 8 March 2018.\ns 131 ins 2018 No. 7 s 37 (retro)\n(sec.131-ssec.1) During the interim period, the chief executive must publish, and may republish, on the department’s website, a proposed regulated vegetation management map showing proposed category C areas and category R areas.\n(sec.131-ssec.2) The proposed regulated vegetation management map is taken to be the regulated vegetation management map on 8 March 2018.","sortOrder":351},{"sectionNumber":"sec.132","sectionType":"section","heading":"How definition high value regrowth vegetation and codes apply during and after interim period","content":"### sec.132 How definition high value regrowth vegetation and codes apply during and after interim period\n\nDuring the interim period, the schedule, definition high value regrowth vegetation , paragraph (a) is taken to include a reference to vegetation located on freehold land, indigenous land or land subject of an occupation licence under the Land Act 1994 .\nUntil the Minister remakes it under section 19O after the date of assent, the category C code applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes.\nUntil the Minister remakes it under section 19O after the date of assent, the native forest practice code applies to high value regrowth vegetation on freehold land and indigenous land in the same way it applies to remnant vegetation on freehold land and indigenous land.\nAn area management plan applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes, until the end of the plan period for the plan.\nIn this section—\ncategory C code means the accepted development vegetation clearing code called ‘Managing category C regrowth vegetation’.\nnative forest practice code means the accepted development vegetation clearing code called ‘Managing a native forest practice’.\ns 132 ins 2018 No. 7 s 37 (retro)\n(sec.132-ssec.1) During the interim period, the schedule, definition high value regrowth vegetation , paragraph (a) is taken to include a reference to vegetation located on freehold land, indigenous land or land subject of an occupation licence under the Land Act 1994 .\n(sec.132-ssec.2) Until the Minister remakes it under section 19O after the date of assent, the category C code applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes.\n(sec.132-ssec.3) Until the Minister remakes it under section 19O after the date of assent, the native forest practice code applies to high value regrowth vegetation on freehold land and indigenous land in the same way it applies to remnant vegetation on freehold land and indigenous land.\n(sec.132-ssec.4) An area management plan applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes, until the end of the plan period for the plan.\n(sec.132-ssec.5) In this section— category C code means the accepted development vegetation clearing code called ‘Managing category C regrowth vegetation’. native forest practice code means the accepted development vegetation clearing code called ‘Managing a native forest practice’.","sortOrder":352},{"sectionNumber":"sec.133","sectionType":"section","heading":"How definition regrowth watercourse and drainage feature area applies during and after the interim period","content":"### sec.133 How definition regrowth watercourse and drainage feature area applies during and after the interim period\n\nDuring the interim period, the schedule, definition regrowth watercourse and drainage feature area is also taken to mean an area located within 50m of a watercourse or drainage feature located in the following catchments identified on the vegetation management watercourse and drainage feature map—\nBurnett-Mary;\nEastern Cape York;\nFitzroy.\nUntil the Minister remakes it under section 19O after the date of assent, the category R code applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition regrowth watercourse and drainage feature area .\nAn area management plan applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition regrowth watercourse and drainage feature area , until the end of the plan period for the plan.\nIn this section—\ncategory R code means the accepted development vegetation clearing code called ‘Managing category R regrowth vegetation’.\ns 133 ins 2018 No. 7 s 37 (retro)\n(sec.133-ssec.1) During the interim period, the schedule, definition regrowth watercourse and drainage feature area is also taken to mean an area located within 50m of a watercourse or drainage feature located in the following catchments identified on the vegetation management watercourse and drainage feature map— Burnett-Mary; Eastern Cape York; Fitzroy.\n(sec.133-ssec.2) Until the Minister remakes it under section 19O after the date of assent, the category R code applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition regrowth watercourse and drainage feature area .\n(sec.133-ssec.3) An area management plan applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition regrowth watercourse and drainage feature area , until the end of the plan period for the plan.\n(sec.133-ssec.4) In this section— category R code means the accepted development vegetation clearing code called ‘Managing category R regrowth vegetation’.\n- (a) Burnett-Mary;\n- (b) Eastern Cape York;\n- (c) Fitzroy.","sortOrder":353},{"sectionNumber":"sec.134","sectionType":"section","heading":"Restoration and other requirements after unlawful clearing","content":"### sec.134 Restoration and other requirements after unlawful clearing\n\nThis section applies if a person undertakes unlawful clearing during the interim period.\nThe chief executive may give the person a restoration notice in relation to the unlawful clearing.\nThe chief executive may, in addition to the matters mentioned in section 54B(3), also include additional requirements in the notice for the person to undertake.\nWithout limiting subsection (3), the restoration notice may require the person to restore land in addition to the land the subject of the unlawful clearing.\nIn deciding the additional requirements for the restoration notice, the chief executive must have regard to the environmental offsets policy under the Environmental Offsets Act 2014 .\nThe restoration notice, including any additional requirements, is taken to be a restoration notice for this Act.\ns 134 ins 2018 No. 7 s 37 (retro)\n(sec.134-ssec.1) This section applies if a person undertakes unlawful clearing during the interim period.\n(sec.134-ssec.2) The chief executive may give the person a restoration notice in relation to the unlawful clearing.\n(sec.134-ssec.3) The chief executive may, in addition to the matters mentioned in section 54B(3), also include additional requirements in the notice for the person to undertake.\n(sec.134-ssec.4) Without limiting subsection (3), the restoration notice may require the person to restore land in addition to the land the subject of the unlawful clearing.\n(sec.134-ssec.5) In deciding the additional requirements for the restoration notice, the chief executive must have regard to the environmental offsets policy under the Environmental Offsets Act 2014 .\n(sec.134-ssec.6) The restoration notice, including any additional requirements, is taken to be a restoration notice for this Act.","sortOrder":354},{"sectionNumber":"sec.135","sectionType":"section","heading":"No compensation payable","content":"### sec.135 No compensation payable\n\nTo remove any doubt, it is declared that no amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for, or in connection with, a provision of this division that applies in relation to the interim period.\ns 135 ins 2018 No. 7 s 37 (retro)","sortOrder":355},{"sectionNumber":"sec.136","sectionType":"section","heading":"Area management plans that are to remain in force for 2 years","content":"### sec.136 Area management plans that are to remain in force for 2 years\n\nThis section applies to an area management plan, other than a plan made by the chief executive under section 20UA, that relates to the following—\nclearing of encroachment;\nthinning;\nfodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land.\nThe plan continues as an area management plan under this Act and remains in force until 8 March 2020.\nAn entity that has given notification of an intention to clear vegetation under the plan before 8 March 2018 may continue to clear under the plan while it remains in force.\nHowever, an entity may not give notification under the plan after 8 March 2018.\nIn this section—\nthinning has the meaning given by this Act immediately before 8 March 2018.\ns 136 ins 2018 No. 7 s 37 (retro)\n(sec.136-ssec.1) This section applies to an area management plan, other than a plan made by the chief executive under section 20UA, that relates to the following— clearing of encroachment; thinning; fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land.\n(sec.136-ssec.2) The plan continues as an area management plan under this Act and remains in force until 8 March 2020.\n(sec.136-ssec.3) An entity that has given notification of an intention to clear vegetation under the plan before 8 March 2018 may continue to clear under the plan while it remains in force.\n(sec.136-ssec.4) However, an entity may not give notification under the plan after 8 March 2018.\n(sec.136-ssec.5) In this section— thinning has the meaning given by this Act immediately before 8 March 2018.\n- (a) clearing of encroachment;\n- (b) thinning;\n- (c) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land.","sortOrder":356},{"sectionNumber":"sec.137","sectionType":"section","heading":"Area management plans that are to remain in force until the end of the plan period for the plan","content":"### sec.137 Area management plans that are to remain in force until the end of the plan period for the plan\n\nThis section applies to an area management plan that relates to the following—\ncontrolling non-native plants or declared pests;\nensuring public safety;\nrelevant infrastructure activities;\nnecessary environmental clearing.\nThe plan continues as an area management plan under this Act and remains in force until the end of the plan period for the plan.\nAn entity may continue to give notification of an intention to clear vegetation under the plan, and clear under the plan, while it remains in force.\ns 137 ins 2018 No. 7 s 37 (retro)\n(sec.137-ssec.1) This section applies to an area management plan that relates to the following— controlling non-native plants or declared pests; ensuring public safety; relevant infrastructure activities; necessary environmental clearing.\n(sec.137-ssec.2) The plan continues as an area management plan under this Act and remains in force until the end of the plan period for the plan.\n(sec.137-ssec.3) An entity may continue to give notification of an intention to clear vegetation under the plan, and clear under the plan, while it remains in force.\n- (a) controlling non-native plants or declared pests;\n- (b) ensuring public safety;\n- (c) relevant infrastructure activities;\n- (d) necessary environmental clearing.","sortOrder":357},{"sectionNumber":"sec.138","sectionType":"section","heading":"Amendment of area management plans","content":"### sec.138 Amendment of area management plans\n\nAn area management plan, other than a plan made by the chief executive under section 20UA , may be amended—\nby agreement between the chief executive and the applicant for the plan; or\nby the chief executive, if the chief executive considers the plan is not consistent with the State policy.\nIf the chief executive amends an area management plan under subsection (1) (b) , the chief executive must give the applicant for the plan written notice of the amendment.\ns 138 ins 2018 No. 7 s 37 (retro)\n(sec.138-ssec.1) An area management plan, other than a plan made by the chief executive under section 20UA , may be amended— by agreement between the chief executive and the applicant for the plan; or by the chief executive, if the chief executive considers the plan is not consistent with the State policy.\n(sec.138-ssec.2) If the chief executive amends an area management plan under subsection (1) (b) , the chief executive must give the applicant for the plan written notice of the amendment.\n- (a) by agreement between the chief executive and the applicant for the plan; or\n- (b) by the chief executive, if the chief executive considers the plan is not consistent with the State policy.","sortOrder":358},{"sectionNumber":"sec.139","sectionType":"section","heading":"Revocation of particular area management plan","content":"### sec.139 Revocation of particular area management plan\n\nThe area management plan made by the chief executive under section 20UA called the ‘Managing fodder harvesting Mulga Lands Fodder Area Management Plan’ is revoked.\nFor this Act—\na notice for the intended clearing of vegetation given under the plan ceases to have effect when the plan is revoked; and\nthe clearing can not continue to be carried out under the plan.\ns 139 ins 2018 No. 7 s 37 (retro)\n(sec.139-ssec.1) The area management plan made by the chief executive under section 20UA called the ‘Managing fodder harvesting Mulga Lands Fodder Area Management Plan’ is revoked.\n(sec.139-ssec.2) For this Act— a notice for the intended clearing of vegetation given under the plan ceases to have effect when the plan is revoked; and the clearing can not continue to be carried out under the plan.\n- (a) a notice for the intended clearing of vegetation given under the plan ceases to have effect when the plan is revoked; and\n- (b) the clearing can not continue to be carried out under the plan.","sortOrder":359},{"sectionNumber":"sec.140","sectionType":"section","heading":"Applications under pt 2, div 5B, sdiv 2 made during the interim period","content":"### sec.140 Applications under pt 2, div 5B, sdiv 2 made during the interim period\n\nThis section applies if, during the interim period, an application was made under part 2, division 5B, subdivision 2.\nAny decision of the chief executive on the application during the interim period is taken to have no effect.\ns 140 ins 2018 No. 7 s 37 (retro)\n(sec.140-ssec.1) This section applies if, during the interim period, an application was made under part 2, division 5B, subdivision 2.\n(sec.140-ssec.2) Any decision of the chief executive on the application during the interim period is taken to have no effect.","sortOrder":360},{"sectionNumber":"sec.141","sectionType":"section","heading":"Proposed map showing essential habitat","content":"### sec.141 Proposed map showing essential habitat\n\nDuring the interim period, the chief executive must publish, and may republish, on the department’s website, a map showing areas of proposed essential habitat for protected wildlife and near threatened wildlife.\nFor making the proposed map under subsection (1), protected wildlife under this Act is taken to include near threatened wildlife.\nThe proposed map is taken to be the essential habitat map on 8 March 2018.\ns 141 ins 2018 No. 7 s 37 (retro)\n(sec.141-ssec.1) During the interim period, the chief executive must publish, and may republish, on the department’s website, a map showing areas of proposed essential habitat for protected wildlife and near threatened wildlife.\n(sec.141-ssec.2) For making the proposed map under subsection (1), protected wildlife under this Act is taken to include near threatened wildlife.\n(sec.141-ssec.3) The proposed map is taken to be the essential habitat map on 8 March 2018.","sortOrder":361},{"sectionNumber":"sec.142","sectionType":"section","heading":"Provision about essential habitat","content":"### sec.142 Provision about essential habitat\n\nDuring the interim period, a reference to essential habitat for protected wildlife in an accepted development vegetation clearing code or area management plan applies as if protected wildlife included near threatened wildlife.\nAn accepted development vegetation clearing code applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the code is remade under section 19O after the date of assent.\nAn area management plan applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the end of the plan period for the plan.\ns 142 ins 2018 No. 7 s 37 (retro)\n(sec.142-ssec.1) During the interim period, a reference to essential habitat for protected wildlife in an accepted development vegetation clearing code or area management plan applies as if protected wildlife included near threatened wildlife.\n(sec.142-ssec.2) An accepted development vegetation clearing code applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the code is remade under section 19O after the date of assent.\n(sec.142-ssec.3) An area management plan applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the end of the plan period for the plan.","sortOrder":362},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application of particular instruments","content":"### sec.143 Application of particular instruments\n\nThis section applies to development for which an environmental offset may be required under State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.\nThe Environmental Offsets Regulation 2014 , schedule 2, section (2)(3)(b) applies as if the reference in that paragraph to an animal or a plant that is endangered wildlife or vulnerable wildlife included a reference to near threatened wildlife.\nSubsection (2) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.\nThe Queensland Environmental Offsets Policy prescribed under the Environmental Offsets Act 2014 , section 12(1) applies as if—\nsection 4.3.6 of the policy provided for a multiplier of 4 for essential habitat for near threatened wildlife; and\ntable one, in section 4.3.13.2 of the policy applies to near threatened wildlife.\nSubsection (4) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.\nA reference in the Environmental Offsets Regulation 2014 , schedule 2 to the essential habitat map is taken to include a reference to the map mentioned in section 141.\ns 143 ins 2018 No. 7 s 37 (retro)\n(sec.143-ssec.1) This section applies to development for which an environmental offset may be required under State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.\n(sec.143-ssec.2) The Environmental Offsets Regulation 2014 , schedule 2, section (2)(3)(b) applies as if the reference in that paragraph to an animal or a plant that is endangered wildlife or vulnerable wildlife included a reference to near threatened wildlife.\n(sec.143-ssec.3) Subsection (2) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.\n(sec.143-ssec.4) The Queensland Environmental Offsets Policy prescribed under the Environmental Offsets Act 2014 , section 12(1) applies as if— section 4.3.6 of the policy provided for a multiplier of 4 for essential habitat for near threatened wildlife; and table one, in section 4.3.13.2 of the policy applies to near threatened wildlife.\n(sec.143-ssec.5) Subsection (4) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.\n(sec.143-ssec.6) A reference in the Environmental Offsets Regulation 2014 , schedule 2 to the essential habitat map is taken to include a reference to the map mentioned in section 141.\n- (a) section 4.3.6 of the policy provided for a multiplier of 4 for essential habitat for near threatened wildlife; and\n- (b) table one, in section 4.3.13.2 of the policy applies to near threatened wildlife.","sortOrder":363},{"sectionNumber":"sec.144","sectionType":"section","heading":"Transitional provision for ss 20AH, 20AI and 20CA","content":"### sec.144 Transitional provision for ss 20AH, 20AI and 20CA\n\nFor deciding to show category B areas or category C areas on the regulated vegetation management map under this Act, sections 20AH(c) and 20AI(a) are taken to include a reference to thinning.\nFor making a relevant area a category X area on a PMAV under this Act, section 20CA(2)(c) is taken to include a reference to thinning.\nIn this section—\nthinning has the meaning given by this Act immediately before the date of assent.\ns 144 ins 2018 No. 7 s 37\n(sec.144-ssec.1) For deciding to show category B areas or category C areas on the regulated vegetation management map under this Act, sections 20AH(c) and 20AI(a) are taken to include a reference to thinning.\n(sec.144-ssec.2) For making a relevant area a category X area on a PMAV under this Act, section 20CA(2)(c) is taken to include a reference to thinning.\n(sec.144-ssec.3) In this section— thinning has the meaning given by this Act immediately before the date of assent.","sortOrder":364},{"sectionNumber":"pt.6-div.14","sectionType":"division","heading":"Validation provisions for particular matters","content":"## Validation provisions for particular matters","sortOrder":365},{"sectionNumber":"sec.145","sectionType":"section","heading":"Definition for part","content":"### sec.145 Definition for part\n\nIn this part—\namended extractive industry definition means the schedule, definition extractive industry , as in force immediately after the commencement.\ns 145 ins 2019 No 17 s 359D","sortOrder":366},{"sectionNumber":"sec.146","sectionType":"section","heading":"Validation of particular decisions under s 22A","content":"### sec.146 Validation of particular decisions under s 22A\n\nThis section applies in relation to a decision of the chief executive under section 22A made on or after 21 May 2004 but before the commencement.\nThe decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made—\na reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and\na reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.\nAnything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made—\na reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and\na reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.\ns 146 ins 2019 No 17 s 359D\n(sec.146-ssec.1) This section applies in relation to a decision of the chief executive under section 22A made on or after 21 May 2004 but before the commencement.\n(sec.146-ssec.2) The decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made— a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.\n(sec.146-ssec.3) Anything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made— a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.\n- (a) a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and\n- (b) a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.\n- (a) a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and\n- (b) a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.","sortOrder":367},{"sectionNumber":"sec.147","sectionType":"section","heading":"Validation of use of particular forest products","content":"### sec.147 Validation of use of particular forest products\n\nThis section applies in relation to a forest product cleared on or after 21 May 2004 but before the commencement.\nThe use of the forest product is, and is taken to have always been, as valid and lawful as it would have been if, at the time the product was used, a reference to infrastructure in section 70A(5) included a reference to a building, or other structure, built or used for any purpose.\ns 147 ins 2019 No 17 s 359D\n(sec.147-ssec.1) This section applies in relation to a forest product cleared on or after 21 May 2004 but before the commencement.\n(sec.147-ssec.2) The use of the forest product is, and is taken to have always been, as valid and lawful as it would have been if, at the time the product was used, a reference to infrastructure in section 70A(5) included a reference to a building, or other structure, built or used for any purpose.","sortOrder":368},{"sectionNumber":"sec.148","sectionType":"section","heading":"Validation of accepted development vegetation clearing code and particular activities","content":"### sec.148 Validation of accepted development vegetation clearing code and particular activities\n\nThis section applies in relation to an accepted development vegetation clearing code made before the commencement.\nThe making of the code is, and is taken to have always been, as valid as it would have been if, at the time the code was made—\na reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and\na reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.\nActivity to which the code applied or applies is, and is taken to have always been, as valid and lawful as it would have been if, at the time the code was made—\na reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and\na reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.\ns 148 ins 2019 No 17 s 359D\n(sec.148-ssec.1) This section applies in relation to an accepted development vegetation clearing code made before the commencement.\n(sec.148-ssec.2) The making of the code is, and is taken to have always been, as valid as it would have been if, at the time the code was made— a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.\n(sec.148-ssec.3) Activity to which the code applied or applies is, and is taken to have always been, as valid and lawful as it would have been if, at the time the code was made— a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.\n- (a) a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and\n- (b) a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.\n- (a) a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and\n- (b) a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.","sortOrder":369},{"sectionNumber":"pt.6-div.15","sectionType":"division","heading":"Transitional provisions for Land and Other Legislation Amendment Act 2023","content":"## Transitional provisions for Land and Other Legislation Amendment Act 2023","sortOrder":370},{"sectionNumber":"sec.149","sectionType":"section","heading":"References to Queensland Herbarium Regional Ecosystem Description Database in particular instruments","content":"### sec.149 References to Queensland Herbarium Regional Ecosystem Description Database in particular instruments\n\nThis section applies to a reference to the Queensland Herbarium Regional Ecosystem Description Database in a VM instrument as in effect on the commencement.\nIf the context permits, the reference is taken to be a reference to the VM REDD.\nThis section stops applying to a VM instrument when the instrument is first amended or replaced after the commencement.\nIn this section—\nVM instrument means—\nthe State policy; or\nan accepted development vegetation clearing code; or\nan area management plan; or\nState Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.\ns 149 ins 2023 No. 2 s 106\n(sec.149-ssec.1) This section applies to a reference to the Queensland Herbarium Regional Ecosystem Description Database in a VM instrument as in effect on the commencement.\n(sec.149-ssec.2) If the context permits, the reference is taken to be a reference to the VM REDD.\n(sec.149-ssec.3) This section stops applying to a VM instrument when the instrument is first amended or replaced after the commencement.\n(sec.149-ssec.4) In this section— VM instrument means— the State policy; or an accepted development vegetation clearing code; or an area management plan; or State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.\n- (a) the State policy; or\n- (b) an accepted development vegetation clearing code; or\n- (c) an area management plan; or\n- (d) State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.","sortOrder":371},{"sectionNumber":"sec.150","sectionType":"section","heading":"Application of Act if no VM REDD or no former VM REDD","content":"### sec.150 Application of Act if no VM REDD or no former VM REDD\n\nUntil a database takes effect as the VM REDD under this Act, the former provisions apply as if the Land and Other Legislation Amendment Act 2023 , part 11 had not been enacted.\nSubsection (3) applies if—\na database certified under section 22J stops having effect as the VM REDD under this Act; and\nthere is no database that was the VM REDD before the certification.\nThe former provisions apply, as if the Land and Other Legislation Amendment Act 2023 , part 11 had not been enacted, until another database takes effect as the VM REDD under this Act.\nIn this section—\nformer provisions means the following provisions as in force immediately before the commencement—\nsection 8(b);\nsections 22LA, 22LB and 22LC;\nschedule, definitions encroachment , grassland regional ecosystem and regional ecosystem number ;\na provision of a regulation made under a provision mentioned in paragraph (a), (b) or (c).\ns 150 ins 2023 No. 2 s 106\n(sec.150-ssec.1) Until a database takes effect as the VM REDD under this Act, the former provisions apply as if the Land and Other Legislation Amendment Act 2023 , part 11 had not been enacted.\n(sec.150-ssec.2) Subsection (3) applies if— a database certified under section 22J stops having effect as the VM REDD under this Act; and there is no database that was the VM REDD before the certification.\n(sec.150-ssec.3) The former provisions apply, as if the Land and Other Legislation Amendment Act 2023 , part 11 had not been enacted, until another database takes effect as the VM REDD under this Act.\n(sec.150-ssec.4) In this section— former provisions means the following provisions as in force immediately before the commencement— section 8(b); sections 22LA, 22LB and 22LC; schedule, definitions encroachment , grassland regional ecosystem and regional ecosystem number ; a provision of a regulation made under a provision mentioned in paragraph (a), (b) or (c).\n- (a) a database certified under section 22J stops having effect as the VM REDD under this Act; and\n- (b) there is no database that was the VM REDD before the certification.\n- (a) section 8(b);\n- (b) sections 22LA, 22LB and 22LC;\n- (c) schedule, definitions encroachment , grassland regional ecosystem and regional ecosystem number ;\n- (d) a provision of a regulation made under a provision mentioned in paragraph (a), (b) or (c).","sortOrder":372},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":373},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":374},{"sectionNumber":"pt.9","sectionType":"part","heading":null,"content":"","sortOrder":375}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has significantly expanded beyond its original 1999 purpose of regulating clearing to conserve remnant vegetation in endangered/of concern/least concern regional ecosystems and prevent land degradation (s.3(1) as originally enacted). It has grown to integrate deeply with the Planning Act (assessment benchmarks, referral agencies, accepted development), regulate regrowth vegetation, incorporate greenhouse gas reduction and climate objectives, align with environmental offsets, create essential habitat mapping, and provide for area management plans and voluntary declarations, evolving into a cornerstone of Queensland's land use, biodiversity, and environmental planning framework."},"complexity_factors":["Extensive cross-references to the Planning Act 2016, Nature Conservation Act 1992, Forestry Act 1959, Land Act 1994, and Environmental Offsets Act 2014 (e.g. s.3, s.7, s.19L, s.22A)","Multi-layered mapping regime including regulated vegetation management map, PMAVs, wetlands map, watercourse and drainage feature map, and essential habitat map, with rules for category A/B/C/R/X areas (Part 2 Division 5AA, ss.20A–20HC)","Nested conditional logic for clearing pathways (assessable development vs accepted development under codes vs exemptions), relevant purposes (s.22A), and decision frameworks applying the precautionary principle (s.3(2))","Numerous defined terms (over 50 in the schedule plus in-section definitions like 'environment' in s.3(3)), exceptions to exceptions, and transitional/validation provisions across multiple divisions","Interplay of enforcement tools (stop work notices, restoration notices, penalties up to 4,500–6,250 penalty units), internal/external reviews (Part 4), and binding management plans (ss.19E–19L)"],"plain_english_summary":"**The Vegetation Management Act 1999** controls the clearing of native vegetation across Queensland to protect the environment while allowing sustainable land use. In simple terms, it sets rules so that important native trees, plants, and ecosystems are not wiped out unnecessarily. \n\nIt does this by: \n- **Protecting key vegetation**: Remnant (old-growth) native plants are classified by how rare they are (endangered, of concern, or least concern regional ecosystems). Clearing these often needs a permit. \n- **Using maps and codes**: Official maps show protected areas (category A for highly restricted, B for remnant, C for regrowth, etc.). Approved codes let some low-impact clearing happen without a full permit if rules are followed (like for fences, roads, or sustainable farming). \n- **Balancing needs**: Clearing is allowed for things like public safety, controlling weeds, building essential infrastructure, or sustainable agriculture, but must avoid land degradation, biodiversity loss, and extra greenhouse gases. \n- **Enforcement and support**: Officials can issue stop-work orders, require restoration of cleared land, or record obligations on property titles. Landowners can seek voluntary conservation declarations for incentives. \n\nIt affects farmers, graziers, developers, miners, local councils, and the State when managing land. It matters because unchecked clearing harms wildlife habitats, worsens soil erosion and salinity, reduces biodiversity, and contributes to climate change — but the law aims to support productive land use without destroying Queensland's natural assets for future generations."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded far beyond its original 1999 focus on clearing remnant vegetation. Amendments have added regulation of regrowth vegetation (categories C and R), introduced greenhouse gas reduction and biodiversity offsets, created a complicated mapping system (PMAVs, essential habitat maps), and added multiple codes and area management plans. The original purpose was narrower (conservation of remnant vegetation and preventing land degradation); now it covers a broader range of environmental outcomes and imposes controls on previously unregulated regrowth."},"complexity_factors":["Extensive cross-referencing between sections, definitions, and maps","Multiple vegetation categories (A, B, C, R, X) with conditional definitions","Layered exceptions and nested conditions (e.g., section 20CA has 3 levels of sub-conditions)","Long transitional and validation provisions (over 15 divisions and subsections)","Numerous defined terms (over 50 in schedule alone) with references to other Acts","Interactive complexity between this Act, Planning Act, Land Act, and Environmental Offsets Act","Heavy use of delegated instruments (codes, maps, policies) that are not fully contained in the Act","Frequent amendments (more than 20 amending Acts) leading to many repealed and replaced sections"],"plain_english_summary":"This Queensland law controls the clearing of native trees and other plants. It groups vegetation into categories on official maps—Category A, B, C, R, and X—with stricter rules for rarer or more valuable types (like remnant vegetation and regional ecosystems). In most cases, you need a permit (development approval) to clear, unless your activity fits a pre-approved code (e.g., for farming fences, fodder harvesting, managing pests, building essential infrastructure, or certain indigenous purposes). The law also lets the government declare special protection areas or order restoration if clearing is done illegally. It affects landowners, farmers, miners, and developers, and is enforced by authorised officers who can issue stop-work and restoration notices. Penalties can be severe (up to $4,500+ per offence). The stated aim is to balance conservation (biodiversity, land degradation) with sustainable land use, but it significantly restricts private property rights and imposes compliance costs on landholders."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1999 Act focused primarily on conserving remnant vegetation and preventing land degradation through a relatively straightforward permit system. Over 20+ years of amendments, the scope has expanded significantly to include: regulation of regrowth vegetation (not just remnant vegetation); greenhouse gas emissions reduction as an explicit purpose; a complex map-based classification system with five vegetation categories; accepted development codes as an alternative pathway; special Indigenous land provisions for Cape York Peninsula; environmental offset frameworks; essential habitat protection for protected wildlife; and integration with the Planning Act's broader development assessment regime. What began as a targeted land-clearing control mechanism has grown into a comprehensive vegetation management framework with environmental, planning, forestry, and Indigenous land dimensions."},"complexity_factors":["Extensive cross-referencing with multiple other Acts (Planning Act, Nature Conservation Act 1992, Forestry Act 1959, Land Act 1994, Land Title Act 1994, Environmental Offsets Act 2014, Local Government Act 2009, Aboriginal Land Act 1991, CYPH Act)","Multiple overlapping map systems (regulated vegetation management map, PMAV, wetlands map, watercourse and drainage feature map, essential habitat map) each with their own certification and amendment processes","Five distinct vegetation category areas (A, B, C, R, X) with highly technical criteria for classification and reclassification","Heavily amended legislation — dozens of sections have been inserted, substituted, or omitted across 20+ years of amendments, creating a fragmented text with many historical traces","Retrospective amendments (notably 2009 No. 43 with multiple sections marked 'retro') add temporal complexity","Technical ecological and scientific terminology (regional ecosystems, remnant vegetation, high value regrowth, riparian vegetation, wildlife refugium, centre of endemism, essential habitat factors) requiring specialist knowledge to apply","Layered regulatory framework: some clearing is accepted development, some requires development approval, some is prohibited, depending on codes, map categories, land tenure type, and purpose of clearing","Management plans that bind future land owners and must be recorded on title, creating conveyancing (property transfer) implications","Special provisions for Indigenous land (Cape York Peninsula) interacting with the CYPH Act and Aboriginal Land Act","The precautionary principle embedded as a decision-making framework adds interpretive difficulty","Penalties and enforcement provisions interact with the Planning Act's enforcement regime rather than being self-contained"],"plain_english_summary":"## Queensland's Vegetation Management Act 1999\n\n### What does this law do?\nThis is a **Queensland law** that controls when, where, and how native trees and plants can be cleared (cut down, removed, or destroyed). It applies to most private and public land in Queensland, though it **doesn't apply** to national parks, State forests, and a handful of other protected areas (which are managed under separate laws).\n\n### Who does it affect?\n- **Farmers and rural landholders** — probably the biggest group affected. If you want to clear native vegetation on your property, you likely need permission or must follow specific rules.\n- **Developers and businesses** — anyone clearing land for a project.\n- **Indigenous communities** — there are special rules for clearing on Cape York Peninsula Aboriginal land.\n- **Anyone who buys rural land** — management plans attached to land are binding on *future owners*, even if they didn't sign them.\n\n### What does it actually require?\nThe law works through a tiered system:\n\n1. **Maps are everything.** The government maintains official maps (called the *regulated vegetation management map* and *property maps of assessable vegetation* or PMAVs) that classify your land into categories (A, B, C, R, or X). The category your land falls into determines what you can and can't do:\n   - **Category A**: Highest protection — declared conservation areas, offset areas, unlawfully cleared land. Very restricted clearing.\n   - **Category B**: Contains remnant (original, undisturbed) native vegetation. Restricted clearing.\n   - **Category C**: Contains high-value regrowth vegetation (vegetation that has grown back). Some restrictions.\n   - **Category R**: Regrowth near watercourses and drainage features. Protected.\n   - **Category X**: Areas where clearing has already occurred or that don't contain protected vegetation. Generally the most flexible for landholders.\n\n2. **\"Accepted development\" codes**: Some clearing is allowed without a formal development approval if you follow an approved code (called an *accepted development vegetation clearing code*). This covers things like clearing for infrastructure, farming, controlling weeds, and harvesting fodder (animal feed from vegetation).\n\n3. **Development approvals**: If your clearing isn't covered by a code, you generally need approval under the Planning Act — and this Act sets the rules those approvals must be assessed against.\n\n4. **Declared areas**: The Minister or Governor in Council can designate specific areas as having high conservation value or being vulnerable to land degradation. Clearing in those areas is heavily restricted or banned.\n\n5. **Landowner-initiated conservation**: Landowners can *voluntarily* ask for their land to be declared a conservation area and submit a management plan. If approved, the plan is recorded on the land title and binds all future owners.\n\n### Key protections built into the law\n- The **precautionary principle** applies: if there's a risk of serious environmental damage, the government doesn't need absolute scientific proof before acting to restrict clearing.\n- **Greenhouse gas emissions** from clearing are explicitly a concern the law must address.\n- **Riparian vegetation** (plants along rivers and creeks) gets special protection.\n\n### What happens if you break the rules?\n- Unlawful clearing can result in fines of up to **1,665 penalty units** (a significant financial penalty — in Queensland, each penalty unit is worth $143.75 as of recent years, making this potentially over $230,000).\n- Unlawfully cleared land can be reclassified to a more restrictive category on the official map, making it harder to use in future.\n- Restoration notices can require you to replant cleared vegetation at your own cost.\n\n### Why does this matter?\nQueensland has historically had some of the highest land-clearing rates in Australia. This Act is the primary legal tool used to slow that clearing to protect biodiversity, prevent soil erosion, maintain water quality, and reduce carbon emissions. It has been amended many times since 1999, swinging between stricter and more relaxed rules depending on the government of the day."}},"importantCases":[],"_links":{"self":"/api/acts/vegetation-management-act-1999","history":"/api/acts/vegetation-management-act-1999/history","analysis":"/api/acts/vegetation-management-act-1999/analysis","conflicts":"/api/acts/vegetation-management-act-1999/conflicts","importantCases":"/api/acts/vegetation-management-act-1999/important-cases","documents":"/api/acts/vegetation-management-act-1999/documents"}}