sec.22AWhen development is for a relevant purpose

### 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a natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997 , or a development application was made under that Act, before 16 May 2003; or for fodder harvesting; or for managing thickened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 .