Urban Land Development Authority (Vegetation Management) By-law 2009

Queensland Urban Land Development Authority Act 2007 Urban Land Development Authority (Vegetation Management) By-law 2009 Reprinted as in force on 26 March 2010 Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 Act No. 43 s 216

Information about this reprint This by-law is reprinted as at 26 March 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Urban Land Development Authority (Vegetation Management) By-law 2009 Contents Part 1 1 2 2A 3 4 5 Part 2 Division 1 6 7 Division 2 8 9 Division 3 Subdivision 1 10 11 12 13 14 Subdivision 2 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Main purpose of by-law and its achievement . . . . . . . . . . . . . . . . 5 Urban development areas to which by-law applies . . . . . . . . . . . 5 Delayed application of by-law to relevant urban development areas ......................................... 6 Non-application of particular local law . . . . . . . . . . . . . . . . . . . . . 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Controlled vegetation Declarations of controlled vegetation Controlled vegetation notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Register of controlled vegetation . . . . . . . . . . . . . . . . . . . . . . . . . 7 Interference with controlled vegetation Unlawful interference with controlled vegetation . . . . . . . . . . . . . 8 Permitted interference with controlled vegetation. . . . . . . . . . . . . 8 Permits Permit applications How to make application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Further information and documents . . . . . . . . . . . . . . . . . . . . . . . 10 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Criteria for imposing conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Duration of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Provisions about conditions of permits Compliance with conditions of permit. . . . . . . . . . . . . . . . . . . . . . 12 Power to change conditions of permit . . . . . . . . . . . . . . . . . . . . . 13

Urban Land Development Authority (Vegetation Management) By-law 2009 Contents Subdivision 3 17 18 19 20 21 Subdivision 4 22 23 Part 3 24 25 26 Part 4 27 28 29 30 31 32 33 Part 5 Division 1 34 35 36 37 38 39 40 Division 2 41 42 43 44 45 Page 2 Suspension or cancellation of permits Grounds for suspension or cancellation of permit . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notice. . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Suspension or cancellation of permit . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Production of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joint and several liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vegetation other than controlled vegetation Vegetation on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous and pest vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . Offence to fail to comply with management notice . . . . . . . . . . . . Enforcement Oral compliance directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence to fail to comply with oral compliance direction . . . . . . . . Compliance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Work to be carried out under compliance notice . . . . . . . . . . . . . Joint and several liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence to fail to comply with compliance notice . . . . . . . . . . . . . Authority's power to carry out work . . . . . . . . . . . . . . . . . . . . . . . Reviews and appeals Review of decisions Appeal process starts with review . . . . . . . . . . . . . . . . . . . . . . . . Who is an interested person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for making application . . . . . . . . . . . . . . . . . . . . . . Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court’s powers on appeal—general . . . . . . . . . . . . . . . . . . . . . . . 13 14 14 15 15 15 16 16 16 17 18 18 18 20 20 21 21 21 21 22 22 22 23 24 24 25 25 25 26

46 Schedule Urban Land Development Authority (Vegetation Management) By-law 2009 Contents Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 27 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 30 31 31 31 32 Page 3

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 1 Preliminary [s 1] Urban Land Development Authority (Vegetation Management) By-law 2009 [as amended by all amendments that commenced on or before 26 March 2010] Part 1 Preliminary 1 Short title This by-law may be cited as the Urban Land Development Authority (Vegetation Management) By-law 2009 . 2 Main purpose of by-law and its achievement (1) The main purpose of this by-law is to identify vegetation within prescribed urban development areas that is to be managed— (a) to maintain biodiversity; or (b) to preserve natural landforms; or (c) to ensure its continued contribution to the character of the landscape; or (d) to protect its historical, cultural heritage or amenity value to the public. (2) For achieving its main purpose, this by-law— (a) regulates interference with controlled vegetation; and (b) controls activities in relation to particular vegetation. 2A Urban development areas to which by-law applies This by-law applies to the following urban development areas (each a prescribed urban development area )— Reprint 1A effective 26 March 2010 Page 5

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 1 Preliminary [s 3] (a) Bowen Hills urban development area; (b) Fitzgibbon urban development area; (c) Northshore Hamilton urban development area. 3 Delayed application of by-law to relevant urban development areas (1) This by-law does not apply to a relevant urban development area until the day a development scheme for the area first takes effect. (2) In this section— relevant urban development area means— (a) Bowen Hills urban development area; or (b) Fitzgibbon urban development area; or (c) Northshore Hamilton urban development area. 4 Non-application of particular local law The local law called ‘Natural Assets Local Law 2003’, made by the Brisbane City Council, does not apply to an urban development area from the day this by-law applies to the area. 5 Definitions The dictionary in the schedule defines particular words used in this by-law. Page 6 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 6] Part 2 Controlled vegetation Division 1 Declarations of controlled vegetation 6 Controlled vegetation notices (1) The authority may, by notice to the owner of land in a prescribed urban development area (a controlled vegetation notice ), declare vegetation on the land to be controlled vegetation. (2) In giving a controlled vegetation notice, the authority must have regard to the main purposes of this by-law. (3) The controlled vegetation notice may be about any of the following in the urban development area— (a) a particular tree or plant; (b) a particular group of trees or plants; (c) vegetation of a particular species in a part of the area; (d) all vegetation in a part of the area. (4) However, for subsection (3)(d), the notice may exclude particular vegetation in the part of the area. (5) If the authority gives the owner of land a controlled vegetation notice, the authority must give the owner an information notice for the decision to give the notice. 7 Register of controlled vegetation The authority must keep a register of controlled vegetation. Reprint 1A effective 26 March 2010 Page 7

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 8] Division 2 Interference with controlled vegetation 8 Unlawful interference with controlled vegetation (1) A person must not interfere with a tree or plant that is controlled vegetation unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person has a permit to interfere with the tree or plant; or (b) the interference by the person is permitted under section 9. 9 Permitted interference with controlled vegetation (1) A person may interfere with controlled vegetation if the interference is— (a) by an authorised person; or (b) by a public service employee in the performance of the employee’s duties; or (c) by an employee of a local government or public utility provider in the performance of the employee’s duties; or (d) the removal of part of a tree or plant in response to an immediate and significant threat to a person or property; or (e) pruning the vegetation. (2) In this section— pruning means maintenance or remedial pruning of vegetation in accordance with AS 4373—2007: Pruning of amenity trees. public utility provider means an entity, other than a local government, that provides any of the following— Page 8 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 10] (a) reticulated water, electricity or gas; (b) sewerage or drainage services; (c) telecommunication services. Division 3 Permits Subdivision 1 Permit applications 10 How to make application (1) A person may apply to the authority for a permit to interfere with controlled vegetation (a permit application ). (2) The permit application must be in the form approved by the authority and include or be accompanied by each of the following— (a) if the applicant is not the owner of the land on which the controlled vegetation is situated—the consent of the owner; (b) a description of the controlled vegetation that the applicant proposes to interfere with (the relevant vegetation ) and surrounding vegetation that may be affected by the interference, including a description of the biological characteristics of the relevant vegetation and surrounding vegetation; (c) a statement of the reasons why the applicant proposes to interfere with the relevant vegetation; (d) a summary of any alternative measures that could be undertaken to minimise or avoid interfering with the relevant vegetation; (e) a statement as to why the applicant does not intend to take any alternative measures; (f) particulars of how the applicant proposes to interfere with the relevant vegetation, including— Reprint 1A effective 26 March 2010 Page 9

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 11] (i) when the interference is to happen; and (ii) the extent of the interference; and (iii) how any material that is to be removed is to be disposed of; and (iv) the proposed measures to be adopted to minimise environmental harm caused by the interference. Examples — preventing erosion, controlling movement of sediment (3) For subsection (2)(b), the description of the relevant vegetation must include— (a) details of the species of flora, including whether it is a native or introduced species, and the location of each species; and (b) a statement about each of the following— (i) the health, vulnerability or fragility of the vegetation; (ii) whether the vegetation provides habitat for fauna; (iii) whether the vegetation enhances the landscape or has historical, cultural heritage or amenity value to the public. 11 Further information and documents (1) The authority may, by notice given to the applicant, ask the applicant to give the authority, within a stated period of at least 20 business days after the giving of the notice, the further stated information or documents the authority reasonably requires to decide the permit application. (2) The authority may refuse the application if the applicant does not give the authority the stated information or documents by the stated day, without reasonable excuse. Page 10 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 12] 12 Deciding application (1) The authority must consider the permit application and either— (a) approve the permit application, with or without conditions; or (b) refuse the permit application. (2) In deciding a permit application, the authority must have regard to the following— (a) how the proposed interference relates to the main purposes of this by-law; (b) the potential environmental impacts of the proposed interference; (c) the reasons for the proposed interference and whether there is any reasonably practicable alternative to the proposed interference; (d) the potential impacts on the character of the landscape or the historical, cultural heritage or amenity value to the public of the vegetation. (3) Within 10 business days after deciding the permit application, the authority must give the applicant— (a) if the decision is to approve the application—notice of the decision; or (b) if the decision is to approve the application with conditions, or refuse to approve the application—an information notice for the decision. 13 Criteria for imposing conditions The conditions imposed on a permit may be about anything the authority considers appropriate, including, for example, any of the following— (a) regulating how the interference with the vegetation is to occur; Reprint 1A effective 26 March 2010 Page 11

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 14] Examples — • directing when the interference is to be carried out • requiring notice to be given to the authority before the interference is carried out • stating the methods and machinery that may be used • requiring erosion and sedimentation to be controlled • identifying measures that must be taken to ensure surrounding controlled vegetation is not damaged (b) stating how the vegetation that is vegetation to be removed is to be disposed of; (c) stating measures the holder of the permit must take to ensure the ongoing health of the vegetation; (d) requiring a copy of the permit to be given to a person involved in the interference; (e) requiring a notice, in the form approved by the authority, to be displayed on the land on which the interference with the vegetation is to be carried out; (f) requiring the holder of the permit to give the authority reasonable security, including, for example, a deposit of money, a guarantee or an insurance bond, to ensure the holder complies with the permit. 14 Duration of permit A permit is granted for the period stated in the permit. Subdivision 2 Provisions about conditions of permits 15 Compliance with conditions of permit The holder of a permit must comply with each condition of the permit unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Page 12 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 16] 16 Power to change conditions of permit (1) The authority may, by notice given to the holder of the permit, change a condition of the holder’s permit. (2) However, the authority may change a condition of the permit only if— (a) the holder agrees to the proposed change; or (b) before changing the condition, the authority— (i) gives the holder notice of the proposed change; and (ii) invites the holder to make written representations about the proposed change within a stated period of at least 20 business days after the giving of the notice; and (iii) if the holder makes written representations within the stated period—takes the representations into account in deciding whether to change the condition. (3) If the authority changes a condition of the permit, the authority must give the holder of the permit an information notice for the decision. Subdivision 3 Suspension or cancellation of permits 17 Grounds for suspension or cancellation of permit Each of the following is a ground for suspending or cancelling a permit— (a) the holder of the permit has contravened a condition of the permit; (b) the permit was given because of a materially false or misleading representation; (c) the holder of the permit fails to carry out a requirement of an oral compliance direction or a compliance notice, Reprint 1A effective 26 March 2010 Page 13

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 18] in relation to a contravention of a condition of the permit, within the period stated for the direction or in the notice. 18 Show cause notice (1) If the authority believes a ground exists to suspend or cancel a permit, the authority may give the holder of the permit a notice under this section (a show cause notice ). (2) The show cause notice must state each of the following— (a) the action the authority proposes taking under this division (the proposed action ); (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the permit—the proposed suspension period; (e) that the holder may, within a stated period (the show cause period ), make written representations to the authority to show why the proposed action should not be taken. (3) The show cause period must end at least 15 business days after the holder is given the show cause notice. 19 Representations about show cause notice (1) The holder of the permit may in the show cause period make written representations about the show cause notice to the authority. (2) The authority must consider all representations made under subsection (1). Page 14 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 2 Controlled vegetation [s 20] 20 Ending show cause process without further action If, after considering any representations made about the show cause notice, the authority no longer believes a ground exists to suspend or cancel the permit, the authority— (a) must not take any further action about the show cause notice; and (b) must give the holder of the permit a notice that no further action is to be taken about the show cause notice. 21 Suspension or cancellation of permit (1) If, after considering any representations made about the show cause notice, the authority still believes a ground exists to suspend or cancel the approval, the authority may— (a) if the proposed action was to suspend the permit—suspend the permit for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the permit—cancel the permit or suspend it for a period. (2) If the authority decides to take action under subsection (1), the authority must as soon as practicable give an information notice for the decision to the holder of the permit. Subdivision 4 Miscellaneous provisions 22 Production of permit A person carrying out work authorised under a permit must produce the permit immediately upon demand by an authorised person unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Reprint 1A effective 26 March 2010 Page 15

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 3 Vegetation other than controlled vegetation [s 23] 23 Joint and several liability If more than 1 person is the holder of a permit, each person is jointly and severally— (a) responsible for complying with the conditions of the permit; and (b) liable for all debts payable under this by-law and unpaid by the holder to the authority. Part 3 Vegetation other than controlled vegetation 24 Vegetation on roads (1) A person must not, without a reasonable excuse, carry out any of the following in a prescribed urban development area (each a prohibited activity )— (a) interfere with vegetation on a road; (b) plant vegetation on a road; (c) engage in an activity preparatory to the planting of vegetation on a road. Maximum penalty—20 penalty units. (2) However, subsection (1) does not apply if the person— (a) is an authorised person; or (b) is otherwise authorised by the authority to carry out the prohibited activity. 25 Hazardous and pest vegetation (1) This section applies if an authorised person— Page 16 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 3 Vegetation other than controlled vegetation [s 26] (a) reasonably considers vegetation, or any part of the vegetation, on land in a prescribed urban development area is hazardous ( hazardous vegetation ); or Examples of hazardous vegetation — • vegetation that increases the risk of fire • vegetation that harbours vermin or other pests • vegetation that triggers allergies or could otherwise cause injury to a person • vegetation that impedes sightlines for motorists (b) finds pest vegetation on land. (2) The authorised person may give the owner of the land a notice (a management notice ) to take the action stated in the notice, including, for example, to control the hazardous vegetation or pest vegetation, within the stated period of at least 20 business days after the giving of the notice. (3) The management notice must state the following— (a) the action the owner must take; (b) that it is an offence to fail to comply with the notice unless the person has a reasonable excuse. (4) If the authorised person gives the owner of the land a management notice, the person must give the owner an information notice for the decision to give the notice. (5) In this section— pest vegetation means vegetation identified as pest vegetation in a register kept by the authority. 26 Offence to fail to comply with management notice A person given a management notice must comply with the notice unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Reprint 1A effective 26 March 2010 Page 17

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 4 Enforcement [s 27] Part 4 Enforcement 27 Oral compliance directions (1) This section applies if a person is engaging in conduct that an authorised person reasonably believes is a contravention of— (a) a condition of the person’s permit; or (b) a provision of this by-law. (2) An authorised person may give the person an oral direction (an oral compliance direction )— (a) to stop the conduct; or (b) to take the stated action, within the stated period of at least 20 business days after the giving of the direction,to remedy the contravention. (3) The authorised person must as soon as practicable— (a) confirm the oral compliance direction by notice given to the person; and (b) give the person an information notice for the decision to give the oral compliance direction. (4) When giving a person an oral compliance direction, the authorised person must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse. 28 Offence to fail to comply with oral compliance direction A person given an oral compliance direction must comply with the direction unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 29 Compliance notices (1) This section applies if an authorised person reasonably believes a person— Page 18 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 4 Enforcement [s 29] (a) is contravening a condition of the person’s permit; or (b) is contravening a provision of this by-law; or (c) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated. (2) The authorised person may give a person a notice (a compliance notice ) requiring the person to remedy the contravention. (3) A compliance notice must state each of the following— (a) that the authorised person reasonably believes the person to whom the notice is to be given— (i) is contravening a condition of the person’s permit; or (ii) is contravening a provision of this by-law; or (iii) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated; (b) if subsection (1)(a) applies— (i) the condition of the permit the authorised person believes has been contravened; and (ii) briefly, how it is believed the condition has been contravened; (c) if subsection (1)(b) or (c) applies— (i) the provision the authorised person believes is being or has been contravened; and (ii) briefly, how it is believed the provision is being or has been contravened; (d) that the person must remedy the contravention within a stated reasonable period; (e) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. Reprint 1A effective 26 March 2010 Page 19

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 4 Enforcement [s 30] (4) If a compliance notice requires the person to refrain from doing an act, the notice also must state— (a) a period for which the requirement applies; or (b) that the requirement applies until further notice. (5) If the authorised person gives the person a compliance notice, the authorised person must give the person an information notice for the decision to give the notice. 30 Work to be carried out under compliance notice (1) This section applies to a person who is given a compliance notice. (2) The compliance notice may require the person to fix any damage resulting from the interference, including— (a) to rehabilitate vegetation that has been interfered with; or (b) to plant the vegetation, stated in the notice (the new vegetation ), to replace the vegetation that has been interfered with. (3) If the compliance notice requires the person to plant the new vegetation, the notice may require the person— (a) to water, tend or otherwise nurture the new vegetation; and (b) to carry out the further action stated in the notice if the new vegetation fails to germinate or grow. 31 Joint and several liability If more than 1 person is the owner of land and the owner is required by an authorised person to carry out a particular activity on the land, each person is jointly and severally— (a) responsible for carrying out the activity; and (b) liable for all debts payable under this by-law and unpaid by the owner to the authority. Page 20 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 32] 32 Offence to fail to comply with compliance notice A person given a compliance notice must comply with the notice unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 33 Authority's power to carry out work (1) This section applies if— (a) a management notice, oral compliance direction or compliance notice requires a person to carry out work; and (b) the person fails to carry out the work within the period stated. (2) The authority may— (a) carry out the work; and (b) recover from the person as a debt the amount reasonably incurred by the authority in carrying out the work, including interest on the amount. Part 5 Reviews and appeals Division 1 Review of decisions 34 Appeal process starts with review Every appeal against an original decision must be, in the first instance, by way of an application for a review. 35 Who is an interested person (1) An interested person for this part is— Reprint 1A effective 26 March 2010 Page 21

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 36] (a) a person who has been given, or is entitled to be given, an information notice; or (b) a person who has been given a management notice, oral compliance direction or compliance notice by an authorised person. (2) The decision or action for which a notice or direction was given under subsection (1) is an original decision . 36 Who may apply for review An interested person for an original decision may apply to the authority for a review of the decision (a review application ). 37 Requirements for making application (1) A review application must be— (a) in the form approved by the authority; and (b) accompanied by a statement of the grounds on which the applicant seeks the review of the original decision; and (c) made within 20 business days after the day the applicant is given an information notice about the decision. (2) However, the authority may at any time extend the time for making a review application. 38 Stay of operation of original decision (1) A review application does not stay the original decision the subject of the application. (2) However, the applicant may immediately apply for a stay of the original decision to the Magistrates Court. (3) The court may stay the original decision to secure the effectiveness of the review and a later appeal to the court. (4) The stay— (a) may be granted on conditions the court considers appropriate; and Page 22 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 39] (b) operates for the period fixed by the court; and (c) may be amended or revoked by the court. (5) The period of the stay must not extend past the time when the authority makes a review decision about the original decision and any later period the court allows the applicant to enable the applicant to appeal against the review decision. (6) A review application affects the original decision, or carrying out of the decision, only if the decision is stayed. 39 Review decision (1) The authority must, within 20 business days after receiving a review application— (a) review the original decision the subject of the application; and (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision. (2) The review application must not be dealt with by— (a) the person who made the original decision; or (b) a person in a less senior office than the person who made the original decision. (3) Subsection (2)— (a) applies despite the Acts Interpretation Act 1954 , section 27A; and Editor’s note — Acts Interpretation Act 1954 , section 27A (Delegation of functions or powers) (b) does not apply to an original decision made personally by the chief executive officer of the authority. Reprint 1A effective 26 March 2010 Page 23

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 40] (4) If the review decision confirms the original decision, for the purpose of an appeal, the original decision is taken to be the review decision. (5) If the review decision amends the original decision, for the purpose of an appeal, the original decision as amended is taken to be the review decision. 40 Notice of review decision (1) The authority must, within 10 business days after making a review decision, give the applicant notice (the review notice ) of the review decision. (2) If the review decision is not the decision sought by the applicant, the review notice must also state the following— (a) the reasons for the decision; (b) that the applicant may, within 20 business days after the review notice is given, appeal against the decision to the Magistrates Court; (c) how to appeal; (d) that the applicant may apply to the court for a stay of the decision. (3) If the authority does not give the review notice within the 10 business days, the authority is taken to have made a review decision confirming the original decision. Division 2 Appeals 41 Who may appeal If an interested person has applied for a review of an original decision, any interested person for the decision may appeal against the review decision to the Magistrates Court. Page 24 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 42] 42 Starting appeal (1) An appeal is started by— (a) filing notice of appeal with the Magistrates Court; and (b) serving a copy of the notice on the authority; and (c) complying with rules of court applicable to the appeal. (2) The notice of appeal must be filed within 20 business days after the appellant receives notice of the review decision appealed against. (3) However, the court may at any time extend the time for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 43 Stay of operation of review decision (1) The Magistrates Court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal. (2) A stay— (a) may be granted on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be amended or revoked by the court. (3) The period of a stay stated by the court must not extend past the time when the court decides the appeal. (4) An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 44 Hearing procedures (1) In deciding an appeal, the Magistrates Court— (a) has the same powers as the authority in making the review decision appealed against; and Reprint 1A effective 26 March 2010 Page 25

Urban Land Development Authority (Vegetation Management) By-law 2009 Part 5 Reviews and appeals [s 45] (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) An appeal is by way of rehearing, unaffected by the review decision. 45 Court’s powers on appeal—general (1) In deciding an appeal, the Magistrates Court may— (a) confirm the review decision appealed against; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the matter to the authority with directions the court considers appropriate. (2) If the court substitutes another decision, the substituted decision is, for the purposes of this by-law, other than this part, taken to be the review decision. 46 Appeal to District Court An appeal lies to the District Court from a decision of the Magistrates Court, but only on a question of law. Page 26 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Schedule Schedule Dictionary section 5 applicant means a person who makes a permit application. authorised person means an employee or agent of the authority who has, under section 123 of the Act, been issued with an identity card that is still in force. Bowen Hills urban development area means the urban development area of that name declared under the Urban Land Development Authority Regulation 2008 . compliance notice see section 29(2). controlled vegetation means vegetation declared in a controlled vegetation notice under section 6(1) as controlled vegetation. controlled vegetation notice see section 6(1). Fitzgibbon urban development area means the urban development area of that name declared under the Urban Land Development Authority Regulation 2008 . information notice , for a decision of the authority, means a notice stating all of the following— (a) the decision; (b) the reasons for the decision; (c) that the person to whom the notice is given may have the decision reviewed within 20 business days after the person receives the notice; (d) how the person may have the decision reviewed. interested person see section 35(1). interfere with vegetation— (a) means to carry out an activity that damages or leads to the disfigurement or mutilation of the vegetation, or interference with the growth of the vegetation, Reprint 1A effective 26 March 2010 Page 27

Urban Land Development Authority (Vegetation Management) By-law 2009 Schedule Page 28 including, for example, any of the following in relation to the vegetation— (i) removing bark from a tree, other than by ringbarking the tree; (ii) lopping or topping the vegetation; (iii) adversely affecting the health of the vegetation by applying a substance that is harmful to the vegetation; (iv) using heat to damage the vegetation, including by burning, scorching or singeing the vegetation; (v) damaging a root zone by any means, including by excavating, filling, compacting or applying a harmful substance to the root zone; Examples of a harmful substance — cement, mortar, paint, oil (vi) cutting or tearing branches, roots or trunks; (vii) fixing or inserting, whether permanently or temporarily, any object to or into any living tissue or surrounding bark of the vegetation; (viii) introducing livestock into an area in which the vegetation is situated; but (b) does not include clearing vegetation that is operational work. management notice see section 25(2). Northshore Hamilton urban development area means the urban development area of that name declared under the Urban Land Development Authority Regulation 2008 . notice means a notice in writing. oral compliance direction see section 27(2). original decision see section 35(2). permit means a permit to interfere with controlled vegetation, granted by the authority under part 2, division 3. permit application see section 10(1). Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Schedule prescribed urban development area see section 2A. proposed action see section 18(2)(a). review application see section 36. review decision see section 39(1)(b). review notice see section 40(1). show cause notice see section 18(1). show cause period see section 18(2)(e). vegetation — 1 Vegetation is a tree or plant, whether it is living or dead. 2 The term includes— (a) the regrowth of a tree or plant; and (b) the root zone of a tree or plant. 3 For paragraph 2(b), the root zone of a tree or plant consists of— (a) the roots of the tree or plant, including any buttress roots; and (b) the soil in or on which the roots are situated— (i) the area of which is measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and (ii) to a depth of 1m below the surface of the soil. Reprint 1A effective 26 March 2010 Page 29

Urban Land Development Authority (Vegetation Management) By-law 2009 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 26 March 2010. Future amendments of the Urban Land Development Authority (Vegetation Management) By-law 2009 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 30 Reprint 1A effective 26 March 2010

Urban Land Development Authority (Vegetation Management) By-law 2009 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments included none 2010 SL No. 50 Effective 26 June 2009 26 March 2010 Notes 5 List of legislation Urban Land Development Authority (Vegetation Management) By-law 2009 SL No. 118 made by the Urban Land Development Authority on 2 June 2009 notfd gaz 26 June 2009 pp 831–7 commenced on date of notification exp 1 September 2019 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. Reprint 1A effective 26 March 2010 Page 31

Urban Land Development Authority (Vegetation Management) By-law 2009 Endnotes amending legislation— Urban Land Development Authority (Vegetation Management) Amendment By-law (No. 1) 2010 SL No. 50 notfd gaz 26 March 2010 pp 722–4 commenced on date of notification 6 List of annotations Main purpose of by-law and its achievement s 2 amd 2010 SL No. 50 s 3 Urban development areas to which by-law applies s 2A ins 2010 SL No. 50 s 4 Delayed application of by-law to relevant urban development areas s 3 amd 2010 SL No. 50 s 5 Controlled vegetation notices s 6 amd 2010 SL No. 50 s 6 Vegetation on roads s 24 amd 2010 SL No. 50 s 7 Hazardous and pest vegetation s 25 amd 2010 SL No. 50 s 8 SCHEDULE—DICTIONARY def “Bowen Hills urban development area” ins 2010 SL No. 50 s 9 def “Fitzgibbon urban development area” ins 2010 SL No. 50 s 9 def “Northshore Hamilton urban development area” ins 2010 SL No. 50 s 9 def “prescribed urban development area” ins 2010 SL No. 50 s 9 © State of Queensland 2013 Page 32 Reprint 1A effective 26 March 2010