Preliminary

sec.1 Short title

This Act may be cited as the Vegetation Management Act 1999 .

Section sec.2

s 2 om 2004 No. 1 s 5

sec.3 Purpose of Act

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. 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. 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. s 3 amd 2000 No. 35 s 3 ; 2003 No. 10 s 76 sch sub 2004 No. 1 s 6 amd 2009 No. 43 s 4 (retro); 2013 No. 24 s 4 ; 2016 No. 27 s 611 (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. (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. (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.

• (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
• (i) an endangered regional ecosystem; or
• (ii) an of concern regional ecosystem; or
• (iii) a least concern regional ecosystem; and
• (b) conserves vegetation in declared areas; and
• (c) ensures the clearing does not cause land degradation; and
• (d) prevents the loss of biodiversity; and
• (e) maintains ecological processes; and
• (f) manages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e) ; and
• (g) reduces greenhouse gas emissions; and
• (h) allows for sustainable land use.
• (i) an endangered regional ecosystem; or
• (ii) an of concern regional ecosystem; or
• (iii) a least concern regional ecosystem; and
• (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
• (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
• (A) must or may assess a development application against; or
• (B) must or may assess a development application having regard to; and
• (b) the enforcement of vegetation clearing provisions; and
• (c) declared areas; and
• (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
• (e) the regulation of particular regrowth vegetation.
• (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
• (A) must or may assess a development application against; or
• (B) must or may assess a development application having regard to; and
• (A) must or may assess a development application against; or
• (B) must or may assess a development application having regard to; and
• (a) ecosystems and their constituent parts including people and communities; and
• (b) all natural and physical resources; and
• (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
• (d) the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters.

sec.4 Advancing the Act ’s purpose

If, 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. s 4 amd 2004 No. 1 s 44 (1) sch 1

sec.5 Definitions

The dictionary in the schedule defines particular words used in this Act.

sec.6 Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

sec.7 Application of Act

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 . This Act does not prevent a local law from imposing requirements on the clearing of vegetation in its local government area. The requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009 , section 27 . The Local Government Act 2009 , section 27 is subject to subsection (3) . 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. s 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 (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 . (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. (sec.7-ssec.3) The requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009 , section 27 . (sec.7-ssec.4) The Local Government Act 2009 , section 27 is subject to subsection (3) . (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.

• (a) a forest reserve under the Nature Conservation Act 1992 ; or
• (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
• (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
• (c) an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or
• (d) a forest entitlement area under the Land Act 1994 .
• (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

Vegetation management

Key concepts

sec.8 What is vegetation

Vegetation is a native tree or plant other than the following— grass or non-woody herbage; a plant within a grassland regional ecosystem identified in the VM REDD as having a grassland structure; a mangrove. s 8 sub 2004 No. 1 s 8 amd 2023 No. 2 s 94

• (a) grass or non-woody herbage;
• (b) a plant within a grassland regional ecosystem identified in the VM REDD as having a grassland structure;
• (c) a mangrove.

sec.9 What is vegetation management

Vegetation management is the management of vegetation in a way that achieves the purpose of this Act. 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. s 9 amd 2004 No. 1 s 44 (1) sch 1 (sec.9-ssec.1) Vegetation management is the management of vegetation in a way that achieves the purpose of this Act. (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.

• (a) the retention or maintenance of vegetation to— (i) avoid land degradation; or (ii) maintain or increase biodiversity; or (iii) maintain ecological processes;
• (i) avoid land degradation; or
• (ii) maintain or increase biodiversity; or
• (iii) maintain ecological processes;
• (b) the retention of riparian vegetation;
• (c) the retention of vegetation clumps or corridors.
• (i) avoid land degradation; or
• (ii) maintain or increase biodiversity; or
• (iii) maintain ecological processes;

State policy for vegetation management

sec.10 State policy for vegetation management

The Minister must prepare a policy for vegetation management for the State. 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. The Governor in Council, by gazette notice, may approve the policy. The policy is not subordinate legislation. 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 s 10 amd 2004 No. 1 s 9 ; 2009 No. 43 s 5 (retro) (sec.10-ssec.1) The Minister must prepare a policy for vegetation management for the State. (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. (sec.10-ssec.3) The Governor in Council, by gazette notice, may approve the policy. (sec.10-ssec.4) The policy is not subordinate legislation. (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

• (a) outcomes for vegetation management and actions proposed to achieve the outcomes; and
• (b) special considerations for significant community projects.
• (a) a project that serves an essential need of the community; and Examples— essential infrastructure, school
• (b) a project that significantly improves the community’s access to services. Examples— hospital, State or local government library or museum

Section sec.10A

s 10A ins 2009 No. 43 s 6 (retro) om 2016 No. 27 s 613

Section sec.10B

s 10B ins 2009 No. 43 s 6 (retro) om 2016 No. 27 s 613

Section sec.10C

s 10C ins 2009 No. 43 s 6 (retro) om 2014 No. 33 s 144

Section sec.10D

s 10D ins 2009 No. 43 s 6 (retro) om 2014 No. 33 s 144

Section sec.11

s 11 sub 2004 No. 1 s 10 amd 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 om 2016 No. 27 s 613

Section sec.12

s 12 sub 2004 No. 1 s 10 amd 2009 No. 43 s 8 (retro) om 2016 No. 27 s 613

Section sec.13

s 13 amd 2000 No. 35 s 5 sub 2004 No. 1 s 10 amd 2009 No. 43 s 9 (retro) om 2016 No. 27 s 613

Section sec.14

s 14 sub 2004 No. 1 s 10 ; 2009 No. 43 s 10 (retro) om 2016 No. 27 s 613

Section sec.15

s 15 sub 2004 No. 1 s 10 amd 2009 No. 43 s 11 (retro) om 2016 No. 27 s 613

Declaration of particular areas

sec.16 Preparing declaration

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. Also, a person may request the Minister to prepare a declaration mentioned in subsection (1) . 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. 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. 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. The Minister must also give notice of the proposed declaration. 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. s 16 amd 2000 No. 35 s 6 sub 2004 No. 1 s 11 amd 2005 No. 42 s 52 sch 1 ; 2013 No. 24 s 6 ; 2016 No. 27 s 614 ; 2023 No. 2 s 95 (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. (sec.16-ssec.2) Also, a person may request the Minister to prepare a declaration mentioned in subsection (1) . (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. (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. (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. (sec.16-ssec.6) The Minister must also give notice of the proposed declaration. (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.

• (a) an area of high nature conservation value; or
• (b) an area vulnerable to land degradation.
• (a) proposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and
• (b) proposed matters that a referral agency must or may assess a development application against, or having regard to.
• (a) an advisory committee established to advise the Minister about vegetation management;
• (b) each local government whose area is affected by the declaration.
• (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
• (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
• (b) state the places where copies of the proposed declaration may be inspected; and
• (c) invite submissions on the proposed declaration; and
• (d) state a day by which submissions may be made on the proposed declaration.
• (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

sec.17 Making declaration

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. The declaration must not include the matters proposed under section 16 (3) (a) and (b) . The declaration is not subordinate legislation. s 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 (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. (sec.17-ssec.2) The declaration must not include the matters proposed under section 16 (3) (a) and (b) . (sec.17-ssec.3) The declaration is not subordinate legislation.

• (a) an area mentioned in section 16 (1) (a) to be an area of high nature conservation value; or
• (b) an area mentioned in section 16 (1) (b) to be an area vulnerable to land degradation.

sec.18 Interim declaration

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. The Minister may make the interim declaration only if the Minister considers that urgent action is needed to protect the area. 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. The interim declaration is not subordinate legislation. 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. s 18 amd 2000 No. 35 s 8 (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. (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. (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. (sec.18-ssec.4) The interim declaration is not subordinate legislation. (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.

• (a) an area of high nature conservation value; or
• (b) an area vulnerable to land degradation.

sec.19 Criteria for declarations

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. 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. An area declared under subsection (1) or (2) may include an area of regrowth vegetation. s 19 amd 2000 No. 35 s 9 ; 2004 No. 1 s 13 ; 2009 No. 43 s 63 sch (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. (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. (sec.19-ssec.3) An area declared under subsection (1) or (2) may include an area of regrowth vegetation.

• (a) a wildlife refugium;
• (b) a centre of endemism;
• (c) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;
• (d) an area that makes a significant contribution to the conservation of biodiversity;
• (e) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice.
• (a) soil erosion;
• (b) rising water tables;
• (c) the expression of salinity, whether inside or outside the area;
• (d) mass movement by gravity of soil or rock;
• (e) stream bank instability;
• (f) a process that results in declining water quality.

Section sec.19A

s 19A ins 2005 No. 42 s 52 sch 1 om 2016 No. 27 s 616

Section sec.19B

s 19B ins 2005 No. 42 s 52 sch 1 amd 2009 No. 43 s 13 (retro) om 2016 No. 27 s 616

Section sec.19C

s 19C ins 2005 No. 42 s 52 sch 1 om 2016 No. 27 s 616

Section sec.19D

s 19D ins 2007 No. 8 s 21 om 2013 No. 24 s 9

sec.19E Request for declaration

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. The notice must be accompanied by a management plan for the stated area. 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) . Subsection (3) does not limit the matters the management plan may contain. s 19E ins 2007 No. 19 s 220 (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. (sec.19E-ssec.2) The notice must be accompanied by a management plan for the stated area. (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) . (sec.19E-ssec.4) Subsection (3) does not limit the matters the management plan may contain.

• (a) an area of high nature conservation value; or
• (b) an area vulnerable to land degradation.
• (a) be signed by the proponent; and
• (b) include enough information to allow the chief executive to map the boundary of the stated area; and
• (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
• (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
• (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) .

sec.19F Making declaration

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. 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. 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. In this section— registered means registered under the Land Act 1994 or Land Title Act 1994 . s 19F ins 2007 No. 19 s 220 amd 2016 No. 27 s 617 (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. (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. (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. (sec.19F-ssec.4) In this section— registered means registered under the Land Act 1994 or Land Title Act 1994 .

• (a) an area of high nature conservation value; or
• (b) an area vulnerable to land degradation.

sec.19G Particular criteria for declaration

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. 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. An area declared under this subdivision may include an area of regrowth vegetation. s 19G ins 2007 No. 19 s 220 (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. (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. (sec.19G-ssec.3) An area declared under this subdivision may include an area of regrowth vegetation.

• (a) implementation of the management plan for the area will help to conserve its high nature conservation value; and
• (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.
• (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.
• (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.
• (a) implementation of the management plan for the area will help to prevent or minimise land degradation in the area; and
• (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.
• (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.
• (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.

Section sec.19H

s 19H ins 2007 No. 19 s 220 om 2016 No. 27 s 618

sec.19I Amendment of management plan

The chief executive may, with the agreement of the owner of the land the subject of a management plan, amend the plan. s 19I ins 2007 No. 19 s 220

sec.19J When management plan stops having effect

A management plan for a declared area has effect until the earlier of the following happens— the plan ends under its terms; the declaration of the area as a declared area ends under section 19L . s 19J ins 2007 No. 19 s 220

• (a) the plan ends under its terms;
• (b) the declaration of the area as a declared area ends under section 19L .

sec.19K Recording of declared areas and management plans

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. The notice must include particulars of the land the subject of the declaration. 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. 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. 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. 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. s 19K ins 2007 No. 19 s 220 (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. (sec.19K-ssec.2) The notice must include particulars of the land the subject of the declaration. (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. (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. (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. (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.

• (a) the declaration; and
• (b) the management plan for the declared area.
• (a) show the land is a declared area; and
• (b) state the places where particulars of the management plan may be inspected.
• (a) the declaration has been made; and
• (b) the existence of the management plan.
• (a) the chief executive must give the registrar written notice of the fact; and
• (b) the registrar must remove the particulars of the declaration or management plan from the registrar’s records.
• (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
• (b) each person who has an interest in the land.

sec.19L Ending declaration

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. 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. 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 . s 19L ins 2007 No. 19 s 220 amd 2014 No. 33 s 145 (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. (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. (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 .

• (a) the declaration is not in the interests of the State, having regard to the public interest; or
• (b) the management outcomes mentioned in section 19E (3) (c) for the management plan relevant to the declaration have been achieved.
• (a) the area is, on or after the commencement of this subsection, a legally secured offset area; and
• (b) a prescribed activity is, under an authority under another Act, to be carried out in or on the area; and
• (c) the holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area.

Section sec.19M

s 19M ins 2007 No. 19 s 220 om 2009 No. 43 s 14 (retro)

Clearing vegetation for special indigenous purpose

sec.19N Draft matters for assessing development application for clearing of vegetation for special indigenous purpose

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 . 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. 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. 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. s 19N ins 2007 No. 48 s 57 sub 2016 No. 27 s 620 (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 . (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. (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. (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.

• (a) involves, or relates to, the clearing of vegetation; and
• (b) the Minister is satisfied is for a special indigenous purpose under the CYPH Act .
• (a) must consult with— (i) the relevant landholders; and (ii) the Cape York Peninsula Regional Advisory Committee; and
• (i) the relevant landholders; and
• (ii) the Cape York Peninsula Regional Advisory Committee; and
• (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.
• (i) the relevant landholders; and
• (ii) the Cape York Peninsula Regional Advisory Committee; and
• (a) assessment benchmarks for assessing development under the Planning Act ; and
• (b) the matters a referral agency must or may assess a development application against, or having regard to.
• (a) the land trusts for Aboriginal land, under the Aboriginal Land Act 1991 , that is in the Cape York Peninsula Region; and
• (b) the Aurukun Shire Council; and
• (c) the trustees, under the Land Act 1994 , of DOGIT land in the Cape York Peninsula Region.

Accepted development

sec.19O Accepted development vegetation clearing code

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. 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. 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. An accepted development vegetation clearing code must not be inconsistent with this Act or the State policy. s 19O ins 2009 No. 43 s 15 (retro) sub 2013 No. 24 s 11 amd 2016 No. 27 s 622 ; 2018 No. 7 s 4 (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. (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. (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. (sec.19O-ssec.4) An accepted development vegetation clearing code must not be inconsistent with this Act or the State policy.

• (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
• (i) an extractive industry;
• (ii) relevant infrastructure activities;
• (iii) environmental activities, including necessary environmental clearing;
• (iv) sustainable land use, including fodder harvesting; or
• (b) conducting a native forest practice.
• (i) an extractive industry;
• (ii) relevant infrastructure activities;
• (iii) environmental activities, including necessary environmental clearing;
• (iv) sustainable land use, including fodder harvesting; or
• (a) clearing for 1 or more relevant purposes under section 22A ;
• (b) clearing that is subject to another code under this Act;
• (c) clearing a particular area;
• (d) clearing a particular type of vegetation;
• (e) required outcomes and practices, and voluntary best practices, for clearing vegetation;
• (f) restrictions on clearing commercial timber on State land;
• (g) the protection of habitat for protected wildlife;
• (h) the circumstance in which an exchange area must be provided;
• (i) giving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code.

sec.19P When accepted development vegetation clearing code takes effect

An accepted development vegetation clearing code does not take effect until it has been approved under a regulation. s 19P ins 2009 No. 43 s 15 (retro) sub 2013 No. 24 s 11 amd 2016 No. 27 s 623

sec.19Q Code compliant clearing and conduct of native forest practices are accepted development for Planning Act

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 ). 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. s 19Q ins 2009 No. 43 s 15 (retro) sub 2013 No. 24 s 11 amd 2016 No. 27 s 624 ; 2018 No. 7 s 5 ; 2023 No. 2 s 96 (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 ). (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.

sec.19R Register of accepted development notices given under code

The chief executive must keep a register of notices required to be given to the chief executive under an accepted development vegetation clearing code. The register must include details of each notice the chief executive considers appropriate. The publicly available part of the register must not contain the name of the person giving the notice. 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. s 19R ins 2009 No. 43 s 15 (retro) sub 2013 No. 24 s 11 amd 2016 No. 27 s 625 (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. (sec.19R-ssec.2) The register must include details of each notice the chief executive considers appropriate. (sec.19R-ssec.3) The publicly available part of the register must not contain the name of the person giving the notice. (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.

sec.19S When notice given under code ends

This section applies if the Minister revokes or replaces an accepted development vegetation clearing code. 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. However, if the Minister replaces an accepted development vegetation clearing code, subsection (2) does not apply to the extent the replacement code provides otherwise. s 19S prev s 19S ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11 pres s 19S ins 2018 No. 7 s 6 (retro) (sec.19S-ssec.1) This section applies if the Minister revokes or replaces an accepted development vegetation clearing code. (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. (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.

• (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
• (b) the activity can not continue to be carried out under that code or, if that code is replaced, the replacement code.

Section sec.19T

s 19T ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19U

s 19U ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19V

s 19V ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19W

s 19W ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19X

s 19X ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19Y

s 19Y ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19Z

s 19Z ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZA

s 19ZA ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZB

s 19ZB ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZC

s 19ZC ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZD

s 19ZD ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZE

s 19ZE ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZF

s 19ZF ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.19ZG

s 19ZG ins 2009 No. 43 s 15 (retro) om 2013 No. 24 s 11

Section sec.20

s 20 amd 2000 No. 35 s 10 ; 2002 No. 25 s 42 sub 2004 No. 1 s 14 amd 2007 No. 48 s 58 om 2016 No. 27 s 626

Vegetation management maps

sec.20A What is the regulated vegetation management map

The 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. The 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. s 20A ins 2004 No. 1 s 14 sub 2009 No. 43 s 16 (retro); 2013 No. 24 s 12

sec.20AA What is the vegetation management wetlands map

The vegetation management wetlands map is the map certified by the chief executive as the vegetation management wetlands map showing particular wetlands for the State. s 20AA ins 2009 No. 43 s 16 (retro) sub 2013 No. 24 s 12

sec.20AB What is the vegetation management watercourse and drainage feature map

The 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. The map consists of the following documents— the document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’ the document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’. s 20AB ins 2009 No. 43 s 16 (retro) amd 2013 No. 23 s 352 sch 1 pt 2 sub 2013 No. 24 s 12 ; 2014 No. 64 s 53

• • the document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’
• • the document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’.

sec.20AC What is the essential habitat map

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. 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. Essential habitat database is a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential habitat database. 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. s 20AC ins 2009 No. 43 s 16 (retro) amd 2013 No. 24 s 13 (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. (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. (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. (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.

• (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
• (b) in which the protected wildlife, at any stage of its life cycle, is located.

Section sec.20AD

s 20AD ins 2009 No. 43 s 16 (retro) om 2013 No. 24 s 14

Section sec.20ADA

s 20ADA ins 2013 No. 23 s 224 om 2013 No. 24 s 14

Section sec.20AE

s 20AE ins 2009 No. 43 s 16 (retro) om 2013 No. 24 s 14

Section sec.20AF

s 20AF ins 2009 No. 43 s 16 (retro) om 2013 No. 24 s 14

Section sec.20AG

s 20AG ins 2009 No. 43 s 16 (retro) om 2013 No. 24 s 14

sec.20AH Deciding to show particular areas as category B areas

In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category B area if— a development approval for the area has been given for— fodder harvesting; or managing thickened vegetation; or clearing of encroachment; or control of non-native plants or declared pests; or necessary environmental clearing; or the area is a declared area, offset area or exchange area; or 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— conducting a native forest practice; fodder harvesting; clearing of encroachment; controlling non-native plants or declared pests; necessary environmental clearing; or the area contains forest products under the Forestry Act 1959 and— has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or is an area in which the State has carried out harvesting of commercial timber; or has been cleared under section 70A ; or the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or the area has been unlawfully cleared; 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 area is a regional ecosystem that— has a predominant canopy not dominated by woody vegetation; and has not been cultivated for 15 years; and contains native species normally found in the regional ecosystem; and is not dominated by non-native perennial species; or 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— fodder harvesting; managing thickened vegetation; clearing of encroachment; controlling non-native plants or declared pests; necessary environmental clearing; or the area has been subject to a native forest practice on a category B area. s 20AH ins 2009 No. 43 s 16 (retro) amd 2010 No. 52 s 45 ; 2013 No. 24 s 15 ; 2016 No. 27 s 627 ; 2018 No. 7 s 7

• (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
• (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
• (b) the area is a declared area, offset area or exchange area; or
• (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
• (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
• (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
• (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
• (e) the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or
• (f) the area has been unlawfully cleared; or
• (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
• (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
• (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
• (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
• (i) fodder harvesting;
• (ii) managing thickened vegetation;
• (iii) clearing of encroachment;
• (iv) controlling non-native plants or declared pests;
• (v) necessary environmental clearing; or
• (j) the area has been subject to a native forest practice on a category B area.
• (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
• (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
• (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
• (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
• (i) fodder harvesting;
• (ii) managing thickened vegetation;
• (iii) clearing of encroachment;
• (iv) controlling non-native plants or declared pests;
• (v) necessary environmental clearing; or

sec.20AI Deciding to show particular areas as category C areas

In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category C area if— 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— conducting a native forest practice; fodder harvesting; clearing of encroachment; controlling non-native plants or declared pests; necessary environmental clearing; or the area is an exchange area; or the area contains forest products under the Forestry Act 1959 that are regulated regrowth vegetation and— has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or is an area in which the State has carried out harvesting of commercial timber; or has been cleared under section 70A ; or the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or the area has been unlawfully cleared; 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 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— fodder harvesting; managing thickened vegetation; clearing of encroachment; controlling non-native plants or declared pests; necessary environmental clearing. s 20AI ins 2009 No. 43 s 16 (retro) amd 2013 No. 24 s 16 ; 2016 No. 27 s 628 ; 2018 No. 7 s 8

• (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
• (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
• (b) the area is an exchange area; or
• (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
• (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
• (d) the chief executive has made a PMAV for the area under section 20B (1) (e) , (g) or (h) ; or
• (e) the area has been unlawfully cleared; or
• (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
• (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.
• (i) fodder harvesting;
• (ii) managing thickened vegetation;
• (iii) clearing of encroachment;
• (iv) controlling non-native plants or declared pests;
• (v) necessary environmental clearing.
• (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
• (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
• (i) fodder harvesting;
• (ii) managing thickened vegetation;
• (iii) clearing of encroachment;
• (iv) controlling non-native plants or declared pests;
• (v) necessary environmental clearing.

sec.20AJ Application to make PMAV before amending regulated vegetation management map

If 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. See section 20H for the effect of an inconsistency between a PMAV and the regulated vegetation management map. s 20AJ ins 2009 No. 43 s 16 (retro) sub 2013 No. 24 s 17

sec.20AK What is a property map of assessable vegetation (or PMAV )

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. 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. s 20AK ins 2009 No. 43 s 17 (retro) amd 2013 No. 24 s 19 (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. (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.

sec.20AKA What is a vegetation category area

A vegetation category area is a category A area, category B area, category C area, category R area or category X area. The effect of sections 20AL to 20AO , 20BA and 20CA is that there is no overlap of the boundaries of the vegetation category areas. s 20AKA ins 2013 No. 24 s 20

sec.20AL What is a category A area

A 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— is any of the following— a declared area; an offset area; an exchange area; or has been unlawfully cleared; or is, or has been, subject to— a restoration notice; or an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or 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 decides under section 20BA is a category A area; or 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. s 20AL ins 2009 No. 43 s 17 (retro) amd 2013 No. 24 s 21 ; 2018 No. 7 s 9

• (a) is any of the following— (i) a declared area; (ii) an offset area; (iii) an exchange area; or
• (i) a declared area;
• (ii) an offset area;
• (iii) an exchange area; or
• (b) has been unlawfully cleared; or
• (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
• (i) a restoration notice; or
• (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or
• (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
• (e) the chief executive decides under section 20BA is a category A area; or
• (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.
• (i) a declared area;
• (ii) an offset area;
• (iii) an exchange area; or
• (i) a restoration notice; or
• (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or

sec.20AM What is a category B area

A 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— contains remnant vegetation; or the chief executive decides to show on the regulated vegetation management map as a category B area; or 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. if section 20AN does not apply to the area— is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and contains— an endangered regional ecosystem; or an of concern regional ecosystem; or a least concern regional ecosystem. s 20AM ins 2009 No. 43 s 17 (retro) sub 2013 No. 24 s 22

• (a) contains remnant vegetation; or
• (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.
• (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.
• (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.
• (A) an endangered regional ecosystem; or
• (B) an of concern regional ecosystem; or
• (C) a least concern regional ecosystem.
• (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.
• (A) an endangered regional ecosystem; or
• (B) an of concern regional ecosystem; or
• (C) a least concern regional ecosystem.
• (A) an endangered regional ecosystem; or
• (B) an of concern regional ecosystem; or
• (C) a least concern regional ecosystem.

sec.20AN What is a category C area

A 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— contains high value regrowth vegetation; or the chief executive decides to show on the regulated vegetation management map as a category C area. 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. s 20AN ins 2009 No. 43 s 17 (retro) sub 2013 No. 24 s 23

• (a) contains high value regrowth vegetation; or
• (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.

sec.20ANA What is a category R area

A 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. s 20ANA ins 2013 No. 24 s 24 amd 2014 No. 64 s 54

sec.20AO What is a category X area

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. 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. s 20AO ins 2009 No. 43 s 17 (retro) amd 2013 No. 24 s 25 ; 2018 No. 7 s 10 (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. (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.

sec.20B When chief executive may make PMAV

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. 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. 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. s 20B ins 2004 No. 1 s 14 amd 2007 No. 19 s 221 ; 2007 No. 48 s 59 sub 2009 No. 43 s 18 (retro) amd 2013 No. 24 s 26 ; 2018 No. 7 s 11 (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. (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. (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.

• (a) the area becomes a declared area; or
• (b) the area becomes an offset area; or
• (c) the area becomes an exchange area; or
• (d) the area has been unlawfully cleared; or
• (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
• (i) a restoration notice; or
• (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or
• (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
• (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
• (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
• (h) the area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or
• (i) the chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.
• (i) a restoration notice; or
• (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or
• (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

sec.20BA Chief executive may make decision about category A area

The chief executive may make an area a category A area on a PMAV if the chief executive reasonably believes— a vegetation clearing offence is being, or has been, 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. s 20BA ins 2009 No. 43 s 18 (retro)

• (a) a vegetation clearing offence is being, or has been, committed in relation to the area; or
• (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
• (c) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area.

sec.20C When owner may apply for PMAV

An owner of land may apply to the chief executive for the making of a PMAV for the land or part of the land. 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. If the owner of the land and the chief executive agree to the making of the PMAV, the chief executive must make the PMAV. 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. 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. s 20C ins 2004 No. 1 s 14 amd 2009 No. 43 s 19 (retro) (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. (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. (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. (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. (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.

• (a) be in the approved form; and
• (b) state the information prescribed under a regulation; and
• (c) be accompanied by the fee prescribed under a regulation.

sec.20CA Process before making PMAV

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. 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 . 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. 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) . 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. 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. The stated period must be at least 15 business days after the notice is given. 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. The chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area. 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. s 20CA ins 2009 No. 43 s 20 (retro) amd 2010 No. 52 s 46 ; 2013 No. 24 s 27 ; 2016 No. 27 s 629 ; 2018 No. 7 s 12 (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. (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 . (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. (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) . (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. (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. (sec.20CA-ssec.6) The stated period must be at least 15 business days after the notice is given. (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. (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. (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.

• (a) an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and
• (b) the owner proposes that the land or part of the land (the relevant area ) be a category X area on the PMAV.
• (a) the clearing was carried out under a moratorium exemption; or
• (b) the clearing was carried out under a development approval other than a development approval for— (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or
• (i) fodder harvesting; or
• (ii) managing thickened vegetation; or
• (iii) clearing of encroachment; or
• (iv) controlling non-native plants or declared pests; or
• (v) necessary environmental clearing; or
• (c) the clearing was carried out under an accepted development vegetation clearing code other than for— (i) conducting a native forest practice; or (ii) fodder harvesting; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or
• (i) conducting a native forest practice; or
• (ii) fodder harvesting; or
• (iii) clearing of encroachment; or
• (iv) controlling non-native plants or declared pests; or
• (v) necessary environmental clearing; or
• (d) the clearing was carried out under an area management plan other than for— (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) controlling non-native plants or declared pests; or (v) necessary environmental clearing; or
• (i) fodder harvesting; or
• (ii) managing thickened vegetation; or
• (iii) clearing of encroachment; or
• (iv) controlling non-native plants or declared pests; or
• (v) necessary environmental clearing; or
• (e) the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .
• (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
• (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
• (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
• (a) the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or
• (b) the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.
• (a) the grounds for the proposed decision that the relevant area is not a category X area;
• (b) the facts and circumstances forming the basis for the grounds;
• (c) the proposed boundaries of the vegetation category areas for the PMAV;
• (d) that the owner may make submissions about the proposed decision;
• (e) how to make a properly made submission;
• (f) where the submission may be made or sent;
• (g) a period within which the submission must be made.
• (a) the Planning Act ;
• (b) the repealed Integrated Planning Act 1997 ;
• (c) the repealed Sustainable Planning Act 2009 ;
• (d) the State Development and Public Works Organisation Act 1971 ;
• (e) the Cape York Peninsula Heritage Act 2007 .
• (a) is written; and
• (b) is signed by each person (a signatory ) who made the submission; and
• (c) states the name and address of each signatory; and
• (d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
• (e) is made to the person stated in the notice inviting the submission; and
• (f) is received on or before the last day for the making of the submission.

sec.20D When PMAV may be replaced

The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ). A new PMAV may apply to— part or all of the previous area; or part or all of the previous area and another area. 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. 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. A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section. 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. s 20D ins 2004 No. 1 s 14 amd 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 (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 ). (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. (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. (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. (sec.20D-ssec.4) A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section. (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.

• (a) part or all of the previous area; or
• (b) part or all of the previous area and another area.
• (a) if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or
• (b) to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or
• (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
• (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.
• (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
• (b) for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or
• (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
• (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
• (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
• (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
• (f) for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error.
• (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
• (a) the owner applied under section 20C for the making of the new PMAV;
• (b) there was not a PMAV for the land or part of the land;
• (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.

Section sec.20E

s 20E ins 2004 No. 1 s 14 amd 2007 No. 19 s 222 amd 2009 No. 43 s 22 (retro) om 2013 No. 24 s 29

sec.20F Copies of PMAV given to owners

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. 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. 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. s 20F ins 2004 No. 1 s 14 amd 2009 No. 43 s 23 (retro); 2010 No. 53 s 179 (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. (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. (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.

sec.20G Effect of PMAV

An owner of land included in a PMAV, or any other person, may rely on the PMAV as correctly showing a vegetation category area. 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. s 20G prev s 20G ins 2004 No. 1 s 14 amd 2009 No. 43 s 63 sch (retro) om 2013 No. 24 s 30 pres s 20G ins 2023 No. 2 s 99 (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. (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.

sec.20H PMAV boundaries prevail

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. The boundary shown on the PMAV prevails to the extent of the inconsistency. s 20H ins 2009 No. 43 s 24 (retro) sub 2013 No. 24 s 31 (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. (sec.20H-ssec.2) The boundary shown on the PMAV prevails to the extent of the inconsistency.

sec.20HA Certifying vegetation management map

The chief executive may certify a vegetation management map by certifying— a hard copy of the map; or a digital electronic form of the map. s 20HA ins 2013 No. 24 s 32

• (a) a hard copy of the map; or
• (b) a digital electronic form of the map.

sec.20HB Amending vegetation management map

If 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. s 20HB ins 2013 No. 24 s 32 amd 2023 No. 2 s 100

sec.20HC When vegetation management map takes effect

A vegetation management map or a map replacing a vegetation management map does not take effect until the map is certified by the chief executive. s 20HC ins 2013 No. 24 s 32

Section sec.20I

s 20I ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20J

s 20J ins 2010 No. 52 s 47 amd 2013 No. 24 s 33 om 2018 No. 7 s 14 (retro)

Section sec.20K

s 20K ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20L

s 20L ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20M

s 20M ins 2010 No. 52 s 47 amd 2013 No. 24 s 34 om 2018 No. 7 s 14 (retro)

Section sec.20N

s 20N ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20O

s 20O ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20P

s 20P ins 2010 No. 52 s 47 amd 2013 No. 24 s 35 ; 2016 No. 27 s 631 om 2018 No. 7 s 14 (retro)

Section sec.20Q

s 20Q ins 2010 No. 52 s 47 amd 2013 No. 24 s 36 om 2018 No. 7 s 14 (retro)

Section sec.20R

s 20R ins 2010 No. 52 s 47 amd 2013 No. 24 s 37 ; 2016 No. 27 s 632 om 2018 No. 7 s 14 (retro)

Section sec.20S

s 20S ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20T

s 20T ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20U

s 20U ins 2010 No. 52 s 47 om 2018 No. 7 s 14 (retro)

Section sec.20UA

s 20UA ins 2013 No. 24 s 38 amd 2016 No. 27 s 633 om 2018 No. 7 s 14 (retro)

Section sec.20UB

s 20UB ins 2013 No. 24 s 38 om 2018 No. 7 s 14 (retro)

Section sec.20UC

s 20UC ins 2013 No. 24 s 38 om 2018 No. 7 s 14 (retro)

Section sec.20V

s 20V ins 2010 No. 52 s 47 sub 2013 No. 24 s 39 om 2018 No. 7 s 14 (retro)

Section sec.20W

s 20W ins 2010 No. 52 s 47 om 2013 No. 24 s 40

Section sec.20X

s 20X ins 2010 No. 52 s 47 om 2013 No. 24 s 40

Section sec.20Y

s 20Y ins 2010 No. 52 s 47 om 2013 No. 24 s 40

Section sec.20Z

s 20Z ins 2010 No. 52 s 47 amd 2013 No. 24 s 41 om 2018 No. 7 s 14 (retro)

Section sec.20ZA

s 20ZA ins 2010 No. 52 s 47 sub 2013 No. 24 s 43 om 2018 No. 7 s 14 (retro)

Section sec.20ZB

s 20ZB ins 2010 No. 52 s 47 amd 2013 No. 24 s 44 ; 2016 No. 27 s 634 om 2018 No. 7 s 14 (retro)

Section sec.20ZC

s 20ZC ins 2010 No. 52 s 47 amd 2013 No. 24 s 45 om 2018 No. 7 s 14 (retro)

Area management plans

sec.21 Definitions for division

In this division— area management plan means an area management plan made by the chief executive under subdivision 2 . plan area , for an area management plan, means the area to which the plan relates. restricted (fodder harvesting) land see section 21A . s 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 om 2016 No. 27 s 636 pres s 21 ins 2018 No. 7 s 14 (retro)

sec.21A What is restricted (fodder harvesting) land

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 . However, restricted (fodder harvesting) land does not include indigenous land. s 21A ins 2018 No. 7 s 14 (retro) (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 . (sec.21A-ssec.2) However, restricted (fodder harvesting) land does not include indigenous land.

• (a) a State-controlled road under the Transport Infrastructure Act 1994 ; or
• (b) a road controlled by a local government under the Local Government Act 2009 ; or
• (c) trust land under the Land Act 1994 .

sec.21B Chief executive may make area management plans

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. 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. An area management plan is not subordinate legislation. s 21B ins 2018 No. 7 s 14 (retro) (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. (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. (sec.21B-ssec.3) An area management plan is not subordinate legislation.

• (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
• (i) the plan area; and
• (ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and
• (b) state— (i) the management intent and management outcomes for vegetation management in the plan area; and (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and
• (i) the management intent and management outcomes for vegetation management in the plan area; and
• (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and
• (c) provide for, or allow, clearing of vegetation for 1 or more of the following— (i) controlling non-native plants or declared pests; (ii) ensuring public safety; (iii) relevant infrastructure activities; (iv) clearing of encroachment; (v) managing thickened vegetation; (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land; (vii) necessary environmental clearing; and
• (i) controlling non-native plants or declared pests;
• (ii) ensuring public safety;
• (iii) relevant infrastructure activities;
• (iv) clearing of encroachment;
• (v) managing thickened vegetation;
• (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;
• (vii) necessary environmental clearing; and
• (d) not be inconsistent with the State policy.
• (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
• (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
• (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

sec.21C Plan period for area management plan

An area management plan must state the period, of no longer than 10 years, for which it will be in force, and remains in force until the end of the period. s 21C ins 2018 No. 7 s 14 (retro)

sec.21D Mandatory conditions for area management plan

An area management plan is subject to the conditions under subsections (2) and (3) . 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. If the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting. s 21D ins 2018 No. 7 s 14 (retro) (sec.21D-ssec.1) An area management plan is subject to the conditions under subsections (2) and (3) . (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. (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.

sec.21E Register of area management plans

The chief executive must— give each area management plan a unique identifying number; and keep a register of area management plans. The register must include details of each notice the chief executive considers appropriate. s 21E ins 2018 No. 7 s 14 (retro) (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. (sec.21E-ssec.2) The register must include details of each notice the chief executive considers appropriate.

• (a) give each area management plan a unique identifying number; and
• (b) keep a register of area management plans.

Relationship with Planning Act

Section sec.22

s 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 om 2016 No. 27 s 636

sec.22A When development is for a relevant purpose

This section provides for when development the subject of a vegetation clearing application is for a relevant purpose. 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. 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. 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 . s 22A ins 2003 No. 10 s 58 sub 2004 No. 1 s 15 amd 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) (sec.22A-ssec.1) This section provides for when development the subject of a vegetation clearing application is for a relevant purpose. (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. (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. (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 .

• (a) a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 ; or
• (b) necessary to control non-native plants or declared pests; or
• (c) to ensure public safety; or
• (d) for relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or
• (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
• (f) for fodder harvesting; or
• (g) for managing thickened vegetation; or
• (h) for clearing of encroachment; or
• (i) for an extractive industry; or
• (j) for necessary environmental clearing.
• (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
• (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
• (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 .

sec.22B Requirements for vegetation clearing application for managing thickened vegetation

This section applies if a vegetation clearing application is for managing thickened vegetation. 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. 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. s 22B prev s 22B ins 2004 No. 1 s 15 amd 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 638 pres s 22B ins 2018 No. 7 s 17 (sec.22B-ssec.1) This section applies if a vegetation clearing application is for managing thickened vegetation. (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. (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.

• (a) the location and extent of the proposed clearing;
• (b) the selective clearing methods proposed to be used;
• (c) evidence that the clearing will be limited to the prescribed regional ecosystems and restrictions;
• (d) evidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion.

Section sec.22C

s 22C ins 2004 No. 1 s 15 amd 2007 No. 19 s 224 ; 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 638

Section sec.22D

s 22D ins 2004 No. 1 s 15 amd 2007 No. 19 s 225 ; 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 638

Section sec.22DAA

s 22DAA ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 ) om 2018 No. 7 s 18

Section sec.22DAB

s 22DAB ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 ) om 2018 No. 7 s 18

Section sec.22DAC

s 22DAC ins 2013 No. 24 s 47 (amd 2013 No. 63 s 17 ) amd 2014 No. 40 s 154 sch 1 pt 2 ; 2014 No. 59 s 174 sch 1 om 2018 No. 7 s 18

Section sec.22DA

s 22DA ins 2009 No. 43 s 28 (retro) amd 2013 No. 24 s 48 om 2016 No. 27 s 643

Section sec.22DB

s 22DB ins 2009 No. 43 s 28 (retro) om 2016 No. 27 s 643

Section sec.22DC

s 22DC ins 2009 No. 43 s 28 (retro) amd 2013 No. 24 s 49 om 2016 No. 27 s 643

Section sec.22DD

s 22DD ins 2009 No. 43 s 28 (retro) om 2016 No. 27 s 643

Section sec.22DE

s 22DE ins 2009 No. 43 s 28 (retro) om 2016 No. 27 s 643

Section sec.22DF

s 22DF ins 2009 No. 43 s 28 (retro) amd 2013 No. 24 s 50 om 2016 No. 27 s 643

Section sec.22DG

s 22DG ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22DH

s 22DH ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22DI

s 22DI ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22DJ

s 22DJ ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22DK

s 22DK ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22DL

s 22DL ins 2009 No. 43 s 29 (retro) om 2014 No. 33 s 146

Section sec.22E

s 22E ins 2004 No. 1 s 15 om 2016 No. 27 s 644

Section sec.22F

s 22F ins 2004 No. 1 s 15 om 2016 No. 27 s 644

Section sec.22G

s 22G ins 2004 No. 1 s 15 amd 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 644

Section sec.22H

s 22H ins 2004 No. 1 s 15 amd 2004 No. 33 s 44 ; 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 644

Regional ecosystems

sec.22I What is the Vegetation Management Regional Ecosystem Description Database (or VM REDD )

The 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. s 22I prev s 22I ins 2004 No. 1 s 15 amd 2009 No. 36 s 872 sch 2 om 2016 No. 27 s 644 pres s 22I ins 2023 No. 2 s 101

sec.22J Certification of database

The chief executive may certify a database about regional ecosystems as the Vegetation Management Regional Ecosystem Description Database. 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. 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. 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) . 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. s 22J prev s 22J ins 2004 No. 1 s 15 om 2016 No. 27 s 644 pres s 22J ins 2023 No. 2 s 101 (sec.22J-ssec.1) The chief executive may certify a database about regional ecosystems as the Vegetation Management Regional Ecosystem Description Database. (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. (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. (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) . (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.

• (a) a hard copy of the database; or
• (b) a digital electronic form of the database.
• (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
• (b) if certified, the database would comply with sections 22LA (2) , 22LB (2) and 22LC (2) .