Queensland Consolidated Acts

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VEGETATION MANAGEMENT ACT 1999


- As at 1 December 2019 
- Act 90 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      (Repealed)
   3.      Purpose of Act
   4.      Advancing the Act’s purpose
   5.      Definitions
   6.      Act binds all persons
   7.      Application of Act

   PART 2 - VEGETATION MANAGEMENT

           Division 1 - Key concepts

   8.      What is vegetation
   9.      What is vegetation management

           Division 2 - State policy for vegetation management

   10.     State policy for vegetation management

           Division 2A - (Repealed)

           Division 3 - (Repealed)

           Division 4 - Declaration of particular areas

              Subdivision 1 - Declarations by Governor in Council or Minister

   16.     Preparing declaration
   17.     Making declaration
   18.     Interim declaration
   19.     Criteria for declarations
   19A.    (Repealed)
   19B.    (Repealed)
   19C.    (Repealed)
   19D.    (Repealed)

              Subdivision 2 - Declarations by chief executive

   19E.    Request for declaration
   19F.    Making declaration
   19G.    Particular criteria for declaration
   19H.    (Repealed)
   19I.    Amendment of management plan
   19J.    When management plan stops having effect
   19K.    Recording of declared areas and management plans
   19L.    Ending declaration
   19M.    (Repealed)

           Division 4A - Clearing vegetation for special indigenous purpose

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

           Division 4B - Accepted development

   19O.    Accepted development vegetation clearing code
   19P.    When accepted development vegetation clearing code takes effect
   19Q.    When code compliant clearing and conduct of native forest practices are accepted development, assessable development or prohibited development for Planning Act
   19R.    Register of accepted development notices given under code
   19S.    When notice given under code ends
   19T.    (Repealed)
   19U.    (Repealed)
   19V.    (Repealed)
   19W.    (Repealed)
   19X.    (Repealed)

           Division 4C - (Repealed)

           Division 5 - (Repealed)

           Division 5AA - Vegetation management maps

   20A.    What is the regulated vegetation management map
   20AA.   What is the vegetation management wetlands map
   20AB.   What is the vegetation management watercourse and drainage feature map
   20AC.   What is the essential habitat map
   20AD.   (Repealed)
   20ADA.  (Repealed)
   20AE.   (Repealed)
   20AF.   (Repealed)
   20AG.   (Repealed)
   20AH.   Deciding to show particular areas as category B areas
   20AI.   Deciding to show particular areas as category C areas
   20AJ.   Application to make PMAV before amending regulated vegetation management map
   20AK.   What is a property map of assessable vegetation (or PMAV)
   20AKA.  What is a vegetation category area
   20AL.   What is a category A area
   20AM.   What is a category B area
   20AN.   What is a category C area
   20ANA.  What is a category R area
   20AO.   What is a category X area
   20B.    When chief executive may make PMAV
   20BA.   Chief executive may make decision about category A area
   20C.    When owner may apply for PMAV
   20CA.   Process before making PMAV
   20D.    When PMAV may be replaced
   20E.    (Repealed)
   20F.    Copies of PMAV given to owners
   20G.    (Repealed)
   20H.    PMAV boundaries prevail
   20HA.   Certifying vegetation management map
   20HB.   Amending vegetation management map
   20HC.   When vegetation management map takes effect
   20I.    (Repealed)
   20J.    (Repealed)
   20K.    (Repealed)
   20L.    (Repealed)
   20M.    (Repealed)
   20N.    (Repealed)
   20O.    (Repealed)
   20P.    (Repealed)
   20Q.    (Repealed)
   20R.    (Repealed)
   20S.    (Repealed)
   20T.    (Repealed)
   20U.    (Repealed)
   20UA.   (Repealed)
   20UB.   (Repealed)
   20UC.   (Repealed)
   20V.    (Repealed)
   20W.    (Repealed)
   20X.    (Repealed)
   20Y.    (Repealed)
   20Z.    (Repealed)
   20ZA.   (Repealed)
   20ZB.   (Repealed)
   20ZC.   (Repealed)

           Division 5B - Area management plans

              Subdivision 1 - Preliminary

   21.     Definitions for division
   21A.    What is restricted (fodder harvesting) land

              Subdivision 2 - Plans made by chief executive

   21B.    Chief executive may make area management plans
   21C.    Plan period for area management plan
   21D.    Mandatory conditions for area management plan

              Subdivision 3 - Keeping plans

   21E.    Register of area management plans

           Division 6 - Relationship with Planning Act

   22.     (Repealed)
   22A.    When development is for a relevant purpose
   22B.    Requirements for vegetation clearing application for managing thickened vegetation
   22C.    (Repealed)
   22D.    (Repealed)
   22DAA.  (Repealed)
   22DAB.  (Repealed)
   22DAC.  (Repealed)
   22DA.   (Repealed)
   22DB.   (Repealed)
   22DC.   (Repealed)
   22DD.   (Repealed)
   22DE.   (Repealed)
   22DF.   (Repealed)

           Division 6A - (Repealed)

           Division 7 - (Repealed)

           Division 7A - Classes of regional ecosystems

   22LA.   Endangered regional ecosystems
   22LB.   Of concern regional ecosystems
   22LC.   Least concern regional ecosystems

           Division 8 - (Repealed)

   PART 3 - ENFORCEMENT, INVESTIGATIONS AND OFFENCES

           Division 1 - Enforcement and investigations

              Subdivision 1 - Authorised officers

   24.     Appointment and qualifications of authorised officers
   25.     Functions and powers of authorised officers
   26.     Conditions of appointment of authorised officers
   27.     Authorised officer’s identity card
   28.     Failure to return identity card
   29.     Production or display of identity card

              Subdivision 2 - Power to enter places

   30.     Power to enter places
   30A.    Power to enter place on reasonable belief of vegetation clearing offence

              Subdivision 3 - Procedure for entry

   31.     Entry with consent
   32.     Application for warrant
   33.     Issue of warrant
   34.     Special warrants
   35.     Warrants—procedure before entry

              Subdivision 4 - Powers after entering a place

   36.     General powers after entering places
   37.     Failure to help authorised officer
   38.     Failure to give information

              Subdivision 5 - Power to seize evidence

   39.     Seizing evidence
   40.     Securing seized things
   41.     Tampering with seized things
   42.     Powers to support seizure
   43.     Receipts for seized things
   44.     Forfeiture by authorised officer
   45.     Forfeiture on conviction
   46.     Dealing with forfeited things
   47.     Return of seized things
   48.     Access to seized things

              Subdivision 6 - Power to obtain information

   49.     Power to require name and address
   50.     Failure to give name or address
   51.     Power to require information
   52.     Power to require production of documents
   53.     Failure to certify copy of document
   54.     Failure to produce document

              Subdivision 7 - Power to require compliance

   54A.    Stop work notice
   54B.    Restoration notice
   54C.    Contravention of stop work notices and restoration notices
   55.     Transfer of land the subject of restoration notice
   55A.    Record of restoration notice in land registry

              Subdivision 8 - Restoration plans

   55AA.   Application of sdiv 8
   55AB.   Preparing restoration plan
   55AC.   Approving restoration plan
   55AD.   Chief executive may amend approved restoration plan
   55AE.   Steps after, and taking effect of, decision
   55AF.   Failure to comply with restoration notice

           Division 2 - Other enforcement provisions

              Subdivision 1 - Obtaining criminal history reports

   55B.    Purpose of sdiv 1
   55C.    Chief executive’s power to obtain criminal history report
   55D.    Criminal history is confidential document

              Subdivision 2 - Notice of damage and compensation

   56.     Notice of damage
   57.     Compensation

           Division 3 - General offences

   58.     False or misleading statements
   59.     False or misleading documents
   59A.    Impersonation of authorised officer
   60.     Obstructing an authorised officer
   60A.    Executive officers must ensure corporation complies with Act
   60B.    (Repealed)
   61.     Ability to prosecute under other Acts

   PART 4 - REVIEWS AND LEGAL PROCEEDINGS

           Division 1 - Internal reviews by chief executive

   62.     Internal review process before external review
   63.     How to apply for internal review
   63A.    Review decision

           Division 1A - External reviews by QCAT

   63B.    Who may apply for external review

           Division 2 - Evidence

   64.     Application of div 2
   65.     Appointments and authority
   66.     Signatures
   66A.    Instruments, equipment and installations
   66B.    Certificate or report about remotely sensed image
   67.     Evidentiary aids
   67A.    (Repealed)

           Division 2A - (Repealed)

           Division 3 - Proceedings

   68.     Summary proceedings for offences
   68A.    Particulars to be stated for complaint for vegetation clearing offence
   68B.    Representation of departmental officer in court
   68C.    Recovery of costs of investigation

           Division 4 - Restrictions on legal proceedings

   68CA.   Definitions for div 4
   68CB.   Limitation of review and appeal
   68CC.   (Repealed)

           Division 5 - Enforceable undertakings

   68CC.   Chief executive may accept enforceable undertakings
   68CD.   Effect of enforceable undertaking
   68CE.   Withdrawal or variation of enforceable undertaking
   68CF.   Amending enforceable undertaking—with agreement
   68CG.   Amending enforceable undertaking—clerical or formal errors
   68CH.   Amending or suspending enforceable undertaking—after show cause process
   68CI.   Contravention of enforceable undertaking

   PART 5 - MISCELLANEOUS

   68D.    Approved forms
   69.     Advisory committees
   70.     Regional vegetation management committees
   70AA.   Copies of vegetation management maps to be available for inspection and purchase
   70AB.   Copies of documents to be available for inspection and purchase
   70A.    Application of development approvals and exemptions for Forestry Act
   70B.    Record of particular matters in land registry
   70C.    Particular vegetation not natural resource owned by person as improvement on leasehold land
   71.     Protecting officials from civil liability
   72.     Regulation-making power

   PART 6 - TRANSITIONAL, DECLARATORY AND VALIDATION PROVISIONS

           Division 1 - Transitional provisions for Act No. 90 of 1999

   73.     Existing development approvals and applications for development approvals under the repealed Integrated Planning Act 1997
   74.     Existing development control plans and special facilities zones

           Division 2 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004

   75.     (Repealed)
   76.     (Repealed)
   77.     (Repealed)
   78.     (Repealed)
   79.     When the Land Act 1994 continues to apply
   80.     (Repealed)

           Division 3 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005

   81.     Effect on existing riverine protection permits
   82.     Validation of particular clearing
   83.     (Repealed)

           Division 4 - Transitional provision for Land and Other Legislation Amendment Act 2007

   84.     Existing appeals under s 22C

           Division 5 - Declaratory and transitional provisions for Vegetation Management Amendment Act 2008

   85.     Declaration about types of regional ecosystems
   85A.    (Repealed)
   86.     (Repealed)

           Division 6 - (Repealed)

           Division 7 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009

              Subdivision 1 - Preliminary

   88.     Definitions for div 7
   89.     References to unamended Act

              Subdivision 2 - Transitional provisions for amendments of Vegetation Management Act 1999

   90.     (Repealed)
   91.     (Repealed)
   92.     (Repealed)
   93.     (Repealed)
   94.     (Repealed)
   94A.    (Repealed)
   94B.    (Repealed)
   94C.    (Repealed)
   94D.    (Repealed)
   94E.    (Repealed)
   95.     (Repealed)
   96.     Existing compliance notices
   97.     Tree clearing provisions under unamended Land Act
   98.     Existing development approvals and development applications
   99.     References to not of concern regional ecosystems
   100.    Clearing of regulated regrowth vegetation in retrospective period not an offence
   101.    Application of s 19Q
   102.    Not giving notice in retrospective period not an offence
   103.    Delayed applications to QCAT
   104.    (Repealed)

              Subdivision 3 - Transitional provisions for repeal of Vegetation Management (Regrowth Clearing Moratorium) Act 2009

   105.    (Repealed)
   106.    (Repealed)
   107.    Existing show cause notices and compliance notices
   108.    (Repealed)

           Division 8 - Transitional provision for Land, Water and Other Legislation Amendment Act 2013

   109.    Validation for reliance on particular maps

           Division 9 - Transitional provisions for Vegetation Management Framework Amendment Act 2013

   110.    Definitions for div 9
   111.    Change to category C areas on freehold land or indigenous land
   112.    Particular PMAV applications
   113.    Revocation of particular PMAVs over wild river high preservation areas
   114.    Vegetation category areas on existing PMAVs
   115.    Information on register of clearing notifications
   116.    Particular notices
   117.    Compliance with codes
   118.    Existing development approvals
   119.    Reference to particular maps
   120.    Reference to relevant codes
   121.    Applying guide for deciding penalty

           Division 10 - Transitional provisions for Environmental Offsets Act 2014

   122.    Continued effect of particular agreements
   123.    (Repealed)

           Division 11 - Transitional provision for Water Reform And Other Legislation Amendment Act 2014

   124.    References to regrowth watercourse area and vegetation management watercourse map

           Division 12 - Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016

   125.    Existing self-assessable vegetation clearing code continues in force
   126.    Existing vegetation clearing application or existing concurrence agency application
   127.    Declarations prepared under former s 16 or made under former s 17

           Division 13 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018

   128.    Definitions for division
   129.    Applications under s 20C made but not decided before 8 March 2018
   130.    Applications under s 20C made during the interim period
   131.    Proposed regulated vegetation management map
   132.    How definition high value regrowth vegetation and codes apply during and after interim period
   133.    How definition regrowth watercourse and drainage feature area applies during and after the interim period
   134.    Restoration and other requirements after unlawful clearing
   135.    No compensation payable
   136.    Area management plans that are to remain in force for 2 years
   137.    Area management plans that are to remain in force until the end of the plan period for the plan
   138.    Amendment of area management plans
   139.    Revocation of particular area management plan
   140.    Applications under pt 2, div 5B, sdiv 2 made during the interim period
   141.    Proposed map showing essential habitat
   142.    Provision about essential habitat
   143.    Application of particular instruments
   144.    Transitional provision for ss 20AH, 20AI and 20CA

           Division 14 - Validation provisions for particular matters

   145.    Definition for part
   146.    Validation of particular decisions under s 22A
   147.    Validation of use of particular forest products
   148.    Validation of accepted development vegetation clearing code and particular activities

   PART 7 - (Repealed)

   PART 8 - (Repealed)

   PART 9 - (Repealed)
           SCHEDULE - Dictionary


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