Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 20CA

20CA Process before making PMAV

(1) This section applies if—

(a) an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and

(b) the owner proposes that the land or part of the land (the
"relevant area" ) be a category X area on the PMAV.

(2) The chief executive can not make the relevant area a category X area on the PMAV if any of the circumstances mentioned in section 20AH or 20AI for the area have happened unless the area has later been cleared and—

(a) the clearing was carried out under a moratorium exemption; or

(b) the clearing was carried out under a development approval other than a development approval for—

(i) fodder harvesting; or

(ii) managing thickened vegetation; or

(iii) clearing of encroachment; or

(iv) controlling non-native plants or declared pests; or

(v) necessary environmental clearing; or

(c) the clearing was carried out under an accepted development vegetation clearing code other than for—

(i) conducting a native forest practice; or

(ii) fodder harvesting; or

(iii) clearing of encroachment; or

(iv) controlling non-native plants or declared pests; or

(v) necessary environmental clearing; or

(d) the clearing was carried out under an area management plan other than for—

(i) fodder harvesting; or

(ii) managing thickened vegetation; or

(iii) clearing of encroachment; or

(iv) controlling non-native plants or declared pests; or

(v) necessary environmental clearing; or

(e) the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .

(3) Also, the chief executive can not make the relevant area a category X area on the PMAV if—

(a) the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or

(b) the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.

(3A) However, subsection (3) does not prevent the chief executive making the relevant area a category X area on the PMAV if clearing in the area was carried out under subsection (2) (a) , (b) , (c) , (d) or (e) after the clearing mentioned in subsection (3) (a) or (b) .

(4) If the chief executive considers the relevant area can not be made a category X area because of subsection (2) or (3) , the chief executive must, before making the PMAV, give the owner of the land a notice inviting the owner to show why the relevant area should be a category X area.

(5) The notice must state the following—

(a) the grounds for the proposed decision that the relevant area is not a category X area;

(b) the facts and circumstances forming the basis for the grounds;

(c) the proposed boundaries of the vegetation category areas for the PMAV;

(d) that the owner may make submissions about the proposed decision;

(e) how to make a properly made submission;

(f) where the submission may be made or sent;

(g) a period within which the submission must be made.

(6) The stated period must be at least 15 business days after the notice is given.

(7) If, after considering any properly made submission by the owner, the chief executive still considers the relevant area is not a category X area, the chief executive may make the relevant area other than a category X area on the PMAV.

(8) The chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area.

(9) In this section—

"lawfully carried out" , for the clearing of vegetation, means the clearing was, at the time of the clearing, authorised or permitted under this Act or under any of the following—

(a) the Planning Act ;

(b) the repealed Integrated Planning Act 1997 ;

(c) the repealed Sustainable Planning Act 2009 ;

(d) the State Development and Public Works Organisation Act 1971 ;

(e) the Cape York Peninsula Heritage Act 2007 .

"properly made submission" means a submission that—

(a) is written; and

(b) is signed by each person (a
"signatory" ) who made the submission; and

(c) states the name and address of each signatory; and

(d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(e) is made to the person stated in the notice inviting the submission; and

(f) is received on or before the last day for the making of the submission.