Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 20B

20B When chief executive may make PMAV

(1) The chief executive may make a PMAV for an area if—

(a) the area becomes a declared area; or

(b) the area becomes an offset area; or

(c) the area becomes an exchange area; or

(d) the area has been unlawfully cleared; or

(e) the area is subject to—

(i) a restoration notice; or

(ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or

(f) the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or

(g) the chief executive reasonably believes—

(i) a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or

(ii) the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or

(iii) prohibited development under the repealed Moratorium Act , part 5 was carried out in relation to the area; or

(h) the area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or

(i) the chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.

(2) The chief executive must give each owner of land to be included in the PMAV an information notice about the decision to make the PMAV.

(3) Nothing prevents the chief executive making a PMAV for 2 or more of the circumstances mentioned in subsection (1) (a) to (i) over the same or different areas.