QLDIn ForceAct
Vegetation Management Act 1999
sec.107Existing show cause notices and compliance notices
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### sec.107 Existing show cause notices and compliance notices
Subsection (2) applies if, before 8 October 2009—
a person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and
the chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and
an official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.
From 8 October 2009—
the repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and
a reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and
a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.
Subsection (4) applies if a compliance notice was given under the repealed Moratorium Act, section 26 before 8 October 2009 in relation to the carrying out of prohibited development under that Act.
From 8 October 2009—
the compliance notice is taken to be a restoration notice; and
a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.
In this section—
compliance notice see the repealed Moratorium Act, section 24(2).
show cause notice means a notice that complies with the Moratorium Act, section 24(3).
s 107 ins 2009 No. 43 s 48 (retro)
(sec.107-ssec.1) Subsection (2) applies if, before 8 October 2009— a person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and the chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and an official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.
(sec.107-ssec.2) From 8 October 2009— the repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and a reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.
(sec.107-ssec.3) Subsection (4) applies if a compliance notice was given under the repealed Moratorium Act, section 26 before 8 October 2009 in relation to the carrying out of prohibited development under that Act.
(sec.107-ssec.4) From 8 October 2009— the compliance notice is taken to be a restoration notice; and a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.
(sec.107-ssec.5) In this section— compliance notice see the repealed Moratorium Act, section 24(2). show cause notice means a notice that complies with the Moratorium Act, section 24(3).
- (a) a person was given a show cause notice under the repealed Moratorium Act, section 24 in relation to the carrying out of prohibited development under that Act; and
- (b) the chief executive has not under the repealed Moratorium Act, section 25 given the person a notice stating that the proposed action will not be taken; and
- (c) an official has not under the repealed Moratorium Act, section 26(1) given the person a compliance notice.
- (a) the repealed Moratorium Act, sections 25 and 26(1) to (4) continue to apply; and
- (b) a reference to a compliance notice in the provisions is taken to be a reference to a restoration notice; and
- (c) a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.
- (a) the compliance notice is taken to be a restoration notice; and
- (b) a reference in the compliance notice to carrying out prohibited development is taken to be a reference to committing a vegetation clearing offence in the restoration notice.