Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
VEGETATION MANAGEMENT ACT 1999
- As at 1 February 2024
- 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 (Repealed)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Division 2A - (Repealed)
Division 3 - (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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. Code compliant clearing and conduct of native forest practices are accepted 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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)
Division 4C - (Repealed)
Division 5 - (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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. Effect of PMAV
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 2A - (Repealed)
Subdivision 3 - Keeping plans
21E. Register of area management plans
Subdivision 4 - (Repealed)
Subdivision 5 - (Repealed)
Subdivision 6 - (Repealed)
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 - Regional ecosystems
Subdivision 1 - Vegetation Management Regional Ecosystem Description Database (VM REDD)
22I. What is the Vegetation Management Regional Ecosystem Description Database (or VM REDD)
22J. Certification of database
22K. When database in effect as VM REDD
22L. Publication of VM REDD
Subdivision 2 - 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
Division 15 - Transitional provisions for Land and Other Legislation Amendment Act 2023
149. References to Queensland Herbarium Regional Ecosystem Description Database in particular instruments
150. Application of Act if no VM REDD or no former VM REDD
PART 7 - (Repealed)
PART 8 - (Repealed)
PART 9 - (Repealed)
SCHEDULE - Dictionary
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback