Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 100

100 Clearing of regulated regrowth vegetation in retrospective period not an offence

(1) The repealed Integrated Planning Act 1997, section 4.3.1(1), to the extent the provision relates to unauthorised development, does not apply to a person carrying out unauthorised development.

(2) However, if an official reasonably believes a person has carried out unauthorised development, the official may give the person a restoration notice for the development.

(3) In this section—

"unauthorised development" means development that is the clearing of regulated regrowth vegetation if—

(a) any of the following apply—

(i) the clearing does not comply with the regrowth vegetation code;

(ii) there is no moratorium exemption in force for the development;

(iii) the clearing is exempt development; and

(b) the clearing was carried out in the retrospective period.