Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 74

74 Existing development control plans and special facilities zones

(1) Nothing in this Act affects the clearing of vegetation—

(a) under a development control plan mentioned in the repealed Integrated Planning Act 1997, section 6.1.45A; or

(b) in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997.

(2) Subsection (1)(b) applies to an area only if—

(a) the area continues to be designated as a special facilities zone, or like zone, under the scheme; or

(b) the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone—

(i) a development permit that—

(A) was given before the designation ceased; and

(B) has not lapsed; and

(C) is for building work or operational work under the Planning Act ; or

(ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997, section 3.2.5(1); or

(iii) a request made under the repealed Sustainable Planning Act 2009, section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or

(iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009; or

(v) a development permit given for a superseded planning scheme request under the Planning Act .

(3) However, subsection (1)(b) also applies to an area if—

(a) the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and

(b) the clearing of vegetation is in relation to the development rights.

(4) In this section—

"special facilities zone" means a zone under the repealed Local Government (Planning and Environment) Act 1990 —

(a) for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and

(b) in which development of a particular type may be carried out without a development approval.