Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SCHEDULE

SCHEDULE Dictionary

"accepted development" see the Planning Act , section 44 (4) .

"accepted development vegetation clearing code" see section 19O (1) and (2) .

"accreditation notice" ...

"accredited existing planning document" ...

"applicable code" ...

"applicant" ...

"approved draft plan" ...

"approved form" means a form approved by the chief executive under section 68D .

"approved restoration plan" means a restoration plan approved by the chief executive under part 3 , division 1 , subdivision 8 .

"area management clearing notification" ...

"area management plan" see section 21 .

"area of high nature conservation value" means an area declared to be an area of high nature conservation value under—

(a) a declaration made by the Governor in Council under section 17 ; or

(b) an interim declaration made by the Minister under section 18 ; or

(c) a declaration made by the chief executive under section 19F .

(a) a declaration made by the Governor in Council under section 17 ; or

(b) an interim declaration made by the Minister under section 18 ; or

(c) a declaration made by the chief executive under section 19F .

(a) diversity within species and between species; and

(b) diversity of ecosystems.

(a) means remove, cut down, ringbark, push over, poison or destroy in any way including by burning, flooding or draining; but

(b) does not include destroying standing vegetation by stock, or lopping a tree.

(a) invasive biosecurity matter under the Biosecurity Act 2014 ; or

Notes—

1 See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 .

2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .

(b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .

(a) means 1 or more of the following—

(i) dredging material from the bed of any waters;

(ii) extracting, from a pit or quarry, rock, sand, clay, gravel, loam or other material;

(iii) screening, washing, grinding, milling, sizing or separating material extracted from a pit or quarry; and

(b) includes carrying out work that is the natural and ordinary consequence of carrying out the work mentioned in paragraph (a) .

Example—

constructing roads, buildings and other structures

1
"Fodder harvesting" is the clearing of vegetation, predominantly consisting of fodder species—

(a) necessary to provide fodder for stock; and

(b) carried out in a way that—

(i) conserves the vegetation in perpetuity; and

(ii) conserves the regional ecosystem in which the vegetation is situated; and

(iii) results in the woody biomass of the cleared vegetation remaining where it is cleared.

2 For paragraph 1, fodder species are any of the following—

(a) Acacia aneura;

(b) Acacia brachystachya;

(c) Acacia excelsa;

(d) Acacia pendula;

(e) Acacia sibirica;

(f) Alphitonia excelsa;

(g) Flindersia maculosa;

(h) Geijera parviflora.

1
"Forest practice" means planting trees, or managing, felling and removing standing trees, on freehold land or indigenous land on which the State does not own the trees, for an ongoing forestry business in a—

(a) plantation; or

(b) native forest if, in the native forest, all the activities are conducted in a way that—

(i) ensures restoration of a similar type, and to the extent, of the removed trees; and

(ii) ensures trees are only felled for the purpose of being sawn into timber or processed into another value-added product (other than woodchips for an export market); and

(iii) does not cause land degradation; and

(iv) is consistent with the accepted development vegetation clearing code for native forest practice.

2 The term includes carrying out limited associated work, including, for example, drainage, construction and maintenance of roads or vehicular tracks, and other necessary engineering works.

3 The term does not include clearing vegetation for the initial establishment of a plantation.

(a) on freehold land, indigenous land, or land subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; and

(b) in an area that has not been cleared (other than for relevant clearing activities) for at least 15 years, if the area is—

(i) an endangered regional ecosystem; or

(ii) an of concern regional ecosystem; or

(iii) a least concern regional ecosystem.

(a) the Aboriginal Land Act 1991 ;

(b) the Torres Strait Islander Land Act 1991 ;

(c) the Land Act 1994 .

(a) the decision, and the reasons for it;

(b) the rights of review under this Act;

(c) the period in which any review under this Act must be started;

(d) how rights of review under this Act are to be exercised.

(a) unallocated State land;

(b) a road;

(c) an area subject to a lease under the Land Act 1994 .

(a) soil erosion;

(b) rising water tables;

(c) the expression of salinity;

(d) mass movement by gravity of soil or rock;

(e) stream bank instability;

(f) a process that results in declining water quality.

(a) removing its trunk; and

(b) cutting or pruning its branches so severely that it is likely to die.

(a) to restore a regional ecosystem to the floristic composition and range of densities typical of the regional ecosystem in the bioregion in which it is located; and

(b) to maintain ecological processes and prevent loss of biodiversity.

(a) a forest practice in a plantation; or

(b) the harvesting, on freehold land, of sandalwood.

(a) restore the ecological and environmental condition of land; or

Example—

stabilising banks of watercourses, works to rehabilitate eroded areas, works to prevent erosion of land or for ecological fire management

(b) divert existing natural channels in a way that replicates the existing form of the natural channels; or

(c) prepare for the likelihood of a natural disaster; or

Example—

removal of silt to mitigate flooding

(d) remove contaminants from land.

(a) the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land; and

(b) if there is more than 1 occupier of the land—any of the occupiers.

(a) the chief executive; or

(b) an authorised officer.

(a) for freehold land—the registered owner;

(b) for a lease, licence or permit under the Land Act 1994 —the lessee, licensee or permittee;

(c) for indigenous land—the holder of the title to the land;

(d) for any tenure under any other Act—the holder of the tenure.

Editor’s note—

The Queensland Herbarium publishes a map of the regional ecosystems in Queensland and the map is available on the department’s website.

(a) fodder harvesting; or

(b) managing thickened vegetation; or

(c) clearing of encroachment; or

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

(e) necessary environmental clearing; or

(f) managing, felling and removing trees for an ongoing forestry business.

(a) establishing and maintaining a necessary fence, firebreak, road, or vehicular track; or

(b) constructing and maintaining necessary built infrastructure.

(a) that is—

(i) an endangered regional ecosystem; or

(ii) an of concern regional ecosystem; or

(iii) a least concern regional ecosystem; and

(b) forming the predominant canopy of the vegetation—

(i) covering more than 50% of the undisturbed predominant canopy; and

(ii) averaging more than 70% of the vegetation’s undisturbed height; and

(iii) composed of species characteristic of the vegetation’s undisturbed predominant canopy.

(a) freehold land or land contracted to be granted in fee simple by the State; or

(b) indigenous land on which the State does not own the trees.

(a) a vegetation clearing provision, or the repealed Sustainable Planning Act 2009 , section 578 (1) , 580 (1) , 581 (1) , 582 or 594 (1) if the person—

(i) has not contested an infringement notice given for the contravention; or

(ii) has been convicted of the contravention, whether or not the conviction is recorded; or

(b) 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 .

(a) a development application for development that involves the clearing of vegetation and is categorised as assessable development under a regulation made under the Planning Act ; or

(b) a change application, other than a minor change application, to change a development approval, as defined in that Act, to approve development mentioned in paragraph (a) , if the development approval does not already approve that development.

(a) the Planning Act , section 162 , 163 (1) , 164 , 165 or 168 (5) ;

(b) for the clearing of vegetation that happened before the repeal of the Sustainable Planning Act 2009 — section 578 (1) , 580 (1) , 581 (1) , 582 or 594 (1) of that Act.

(a) the essential habitat map; or

(b) the regulated vegetation management map; or

(c) the vegetation management watercourse and drainage feature map; or

(d) the vegetation management wetlands map; or

(e) a PMAV.

Note for definition watercourse—

For the purposes of this Act, the length of a watercourse is not limited by any downstream limit applying to it under the Water Act 2000 .