Vegetation Management Act 1999


Queensland Crest
Vegetation Management Act 1999
Queensland Vegetation Management Act 1999 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Vegetation Management and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Amendments to this Act are also included in the Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Bill 2018. These proposed amendments are not included in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Vegetation Management and Other Legislation Amendment Bill 2018— 8 March 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Vegetation Management Act 1999 Contents Part 1 1 3 4 5 6 7 Part 2 Division 1 8 9 Division 2 10 Division 4 Subdivision 1 16 17 18 19 Subdivision 2 19E 19F 19G 19I 19J 19K 19L Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Advancing the Act’s purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vegetation management Key concepts What is vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 What is vegetation management . . . . . . . . . . . . . . . . . . . . . . . . . 14 State policy for vegetation management State policy for vegetation management . . . . . . . . . . . . . . . . . . . 15 Declaration of particular areas Declarations by Governor in Council or Minister Preparing declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Interim declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Criteria for declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Declarations by chief executive Request for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Particular criteria for declaration . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of management plan . . . . . . . . . . . . . . . . . . . . . . . . 21 When management plan stops having effect . . . . . . . . . . . . . . . 21 Recording of declared areas and management plans . . . . . . . . . 22 Ending declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Not authorised —indicative only Vegetation Management Act 1999 Contents Division 4A 19N Division 4B 19O 19P 19Q 19R 19S Division 5AA 20A 20AA 20AB 20AC 20AH 20AI 20AJ 20AK 20AKA 20AL 20AM 20AN 20ANA 20AO 20B 20BA 20C 20CA 20D 20F 20H 20HA 20HB Clearing vegetation for special indigenous purpose Draft matters for assessing development application for clearing of vegetation for special indigenous purpose . . . . . . . . . . . . . . . . . 24 Accepted development Accepted development vegetation clearing code . . . . . . . . . . . . 25 When accepted development vegetation clearing code takes effect 26 When code compliant clearing and conduct of native forest practices are accepted development, assessable development or prohibited development for Planning Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Register of accepted development notices given under code . . . 27 When notice given under code ends . . . . . . . . . . . . . . . . . . . . . . 27 Vegetation management maps What is the regulated vegetation management map . . . . . . . . . . 28 What is the vegetation management wetlands map . . . . . . . . . . 28 What is the vegetation management watercourse and drainage feature map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 What is the essential habitat map . . . . . . . . . . . . . . . . . . . . . . . . 29 Deciding to show particular areas as category B areas . . . . . . . 29 Deciding to show particular areas as category C areas . . . . . . . 31 Application to make PMAV before amending regulated vegetation management map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 What is a property map of assessable vegetation (or PMAV) . . . 33 What is a vegetation category area . . . . . . . . . . . . . . . . . . . . . . . 33 What is a category A area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 What is a category B area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 What is a category C area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 What is a category R area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 What is a category X area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 When chief executive may make PMAV . . . . . . . . . . . . . . . . . . . 35 Chief executive may make decision about category A area . . . . 37 When owner may apply for PMAV . . . . . . . . . . . . . . . . . . . . . . . 37 Process before making PMAV . . . . . . . . . . . . . . . . . . . . . . . . . . 38 When PMAV may be replaced . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Copies of PMAV given to owners . . . . . . . . . . . . . . . . . . . . . . . . 43 PMAV boundaries prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Certifying vegetation management map . . . . . . . . . . . . . . . . . . . 43 Amending vegetation management map . . . . . . . . . . . . . . . . . . . 44 Page 2
Not authorised —indicative only Vegetation Management Act 1999 Contents 20HC Division 5B Subdivision 1 21 21A Subdivision 2 21B 21C 21D Subdivision 3 21E Division 6 22A 22B Division 7A 22LA 22LB 22LC Part 3 Division 1 Subdivision 1 24 25 26 27 28 29 Subdivision 2 30 30A Subdivision 3 31 32 33 When vegetation management map takes effect . . . . . . . . . . . . 44 Area management plans Preliminary Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 What is restricted (fodder harvesting) land . . . . . . . . . . . . . . . . . 44 Plans made by chief executive Chief executive may make area management plans . . . . . . . . . 45 Plan period for area management plan . . . . . . . . . . . . . . . . . . . . 46 Mandatory conditions for area management plan . . . . . . . . . . . . 46 Keeping plans Register of area management plans . . . . . . . . . . . . . . . . . . . . . . 46 Relationship with Planning Act When development is for a relevant purpose . . . . . . . . . . . . . . . 47 Requirements for vegetation clearing application for managing thickened vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Classes of regional ecosystems Endangered regional ecosystems . . . . . . . . . . . . . . . . . . . . . . . . 49 Of concern regional ecosystems . . . . . . . . . . . . . . . . . . . . . . . . . 49 Least concern regional ecosystems . . . . . . . . . . . . . . . . . . . . . . 50 Enforcement, investigations and offences Enforcement and investigations Authorised officers Appointment and qualifications of authorised officers . . . . . . . . . 50 Functions and powers of authorised officers . . . . . . . . . . . . . . . . 51 Conditions of appointment of authorised officers . . . . . . . . . . . . 51 Authorised officer’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . 51 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 52 Power to enter places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Power to enter place on reasonable belief of vegetation clearing offence 54 Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Page 3
Not authorised —indicative only Vegetation Management Act 1999 Contents 34 35 Subdivision 4 36 37 38 Subdivision 5 39 40 41 42 43 44 45 46 47 48 Subdivision 6 49 50 51 52 53 54 Subdivision 7 54A 54B 54C 55 55A Subdivision 8 55AA 55AB 55AC 55AD 55AE Page 4 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . Powers after entering a place General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require compliance Stop work notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoration notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of stop work notices and restoration notices . . . . Transfer of land the subject of restoration notice . . . . . . . . . . . . Record of restoration notice in land registry . . . . . . . . . . . . . . . . Restoration plans Application of sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparing restoration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approving restoration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may amend approved restoration plan . . . . . . . Steps after, and taking effect of, decision . . . . . . . . . . . . . . . . . . 57 58 59 61 61 61 62 63 63 64 64 65 65 65 66 66 67 67 68 68 69 69 70 71 71 72 73 73 74 75 76
Vegetation Management Act 1999 Contents Not authorised —indicative only 55AF Division 2 Subdivision 1 55B 55C 55D Subdivision 2 56 57 Division 3 58 59 59A 60 60A 61 Part 4 Division 1 62 63 63A Division 1A 63B Division 2 64 65 66 66A 66B 67 Division 3 68 68A 68B 68C Division 4 Failure to comply with restoration notice . . . . . . . . . . . . . . . . . . . 76 Other enforcement provisions Obtaining criminal history reports Purpose of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Chief executive’s power to obtain criminal history report . . . . . . 77 Criminal history is confidential document . . . . . . . . . . . . . . . . . . 78 Notice of damage and compensation Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 General offences False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 80 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . 81 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . 81 Executive officers must ensure corporation complies with Act . . 81 Ability to prosecute under other Acts . . . . . . . . . . . . . . . . . . . . . . 82 Reviews and legal proceedings Internal reviews by chief executive Internal review process before external review . . . . . . . . . . . . . . 83 How to apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . . 83 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 External reviews by QCAT Who may apply for external review . . . . . . . . . . . . . . . . . . . . . . . 84 Evidence Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Instruments, equipment and installations . . . . . . . . . . . . . . . . . . 85 Certificate or report about remotely sensed image . . . . . . . . . . . 86 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Proceedings Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 87 Particulars to be stated for complaint for vegetation clearing offence 88 Representation of departmental officer in court . . . . . . . . . . . . . 89 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . 89 Restrictions on legal proceedings Page 5
Vegetation Management Act 1999 Contents Not authorised —indicative only 68CA 68CB Division 5 68CC 68CD 68CE 68CF 68CG 68CH 68CI Part 5 68D 69 70 70AA 70AB 70A 70B 70C 71 72 Part 6 Division 1 73 74 Division 2 79 Division 3 81 82 Division 4 Page 6 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Limitation of review and appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Enforceable undertakings Chief executive may accept enforceable undertakings . . . . . . . . 91 Effect of enforceable undertaking . . . . . . . . . . . . . . . . . . . . . . . . 92 Withdrawal or variation of enforceable undertaking . . . . . . . . . . 92 Amending enforceable undertaking—with agreement . . . . . . . . 92 Amending enforceable undertaking—clerical or formal errors . . 92 Amending or suspending enforceable undertaking—after show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Contravention of enforceable undertaking . . . . . . . . . . . . . . . . . 95 Miscellaneous Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Regional vegetation management committees . . . . . . . . . . . . . . 96 Copies of vegetation management maps to be available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Copies of documents to be available for inspection and purchase 97 Application of development approvals and exemptions for Forestry Act 98 Record of particular matters in land registry . . . . . . . . . . . . . . . . 99 Particular vegetation not natural resource owned by person as improvement on leasehold land . . . . . . . . . . . . . . . . . . . . . . . . . 100 Protecting officials from civil liability . . . . . . . . . . . . . . . . . . . . . . 101 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Transitional and declaratory provisions Transitional provisions for Act No. 90 of 1999 Existing development approvals and applications for development approvals under the repealed Integrated Planning Act 1997 . . . 102 Existing development control plans and special facilities zones . 102 Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004 When the Land Act 1994 continues to apply . . . . . . . . . . . . . . . . 104 Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005 Effect on existing riverine protection permits . . . . . . . . . . . . . . . . 105 Validation of particular clearing . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Transitional provision for Land and Other Legislation Amendment
Not authorised —indicative only Vegetation Management Act 1999 Contents 84 Division 5 85 Division 7 Subdivision 1 88 89 Subdivision 2 96 97 98 99 100 101 102 103 Subdivision 3 107 Division 8 109 Division 9 110 111 112 113 114 115 116 117 Act 2007 Existing appeals under s 22C . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Declaratory and transitional provisions for Vegetation Management Amendment Act 2008 Declaration about types of regional ecosystems . . . . . . . . . . . . . 107 Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009 Preliminary Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 References to unamended Act . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Transitional provisions for amendments of Vegetation Management Act 1999 Existing compliance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Tree clearing provisions under unamended Land Act . . . . . . . . . 109 Existing development approvals and development applications . 110 References to not of concern regional ecosystems . . . . . . . . . . 110 Clearing of regulated regrowth vegetation in retrospective period not an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Application of s 19Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Not giving notice in retrospective period not an offence . . . . . . . 111 Delayed applications to QCAT . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Transitional provisions for repeal of Vegetation Management (Regrowth Clearing Moratorium) Act 2009 Existing show cause notices and compliance notices . . . . . . . . . 112 Transitional provision for Land, Water and Other Legislation Amendment Act 2013 Validation for reliance on particular maps . . . . . . . . . . . . . . . . . . 113 Transitional provisions for Vegetation Management Framework Amendment Act 2013 Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Change to category C areas on freehold land or indigenous land 115 Particular PMAV applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Revocation of particular PMAVs over wild river high preservation areas 116 Vegetation category areas on existing PMAVs . . . . . . . . . . . . . . 116 Information on register of clearing notifications . . . . . . . . . . . . . . 117 Particular notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Compliance with codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Page 7
Vegetation Management Act 1999 Contents Not authorised —indicative only 118 119 120 121 Division 10 122 Division 11 124 Division 12 125 126 127 Division 13 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Page 8 Existing development approvals . . . . . . . . . . . . . . . . . . . . . . . . . 117 Reference to particular maps . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Reference to relevant codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Applying guide for deciding penalty . . . . . . . . . . . . . . . . . . . . . . . 118 Transitional provisions for Environmental Offsets Act 2014 Continued effect of particular agreements . . . . . . . . . . . . . . . . . 119 Transitional provision for Water Reform And Other Legislation Amendment Act 2014 References to regrowth watercourse area and vegetation management watercourse map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016 Existing self-assessable vegetation clearing code continues in force 120 Existing vegetation clearing application or existing concurrence agency application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Declarations prepared under former s 16 or made under former s 17 121 Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Applications under s 20C made but not decided before 8 March 2018 122 Applications under s 20C made during the interim period . . . . . . 122 Proposed regulated vegetation management map . . . . . . . . . . 123 How definition high value regrowth vegetation and codes apply during and after interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 How definition regrowth watercourse and drainage feature area applies during and after the interim period . . . . . . . . . . . . . . . . . . . . . . . 124 Restoration and other requirements after unlawful clearing . . . . 125 No compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Area management plans that are to remain in force for 2 years . 125 Area management plans that are to remain in force until the end of the plan period for the plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Amendment of area management plans . . . . . . . . . . . . . . . . . . . 126 Revocation of particular area management plan . . . . . . . . . . . . . 127 Applications under pt 2, div 5B, sdiv 2 made during the interim period 127 Proposed map showing essential habitat . . . . . . . . . . . . . . . . . . 127 Provision about essential habitat . . . . . . . . . . . . . . . . . . . . . . . . . 128
143 144 Schedule Vegetation Management Act 1999 Contents Application of particular instruments . . . . . . . . . . . . . . . . . . . . . . Transitional provision for ss 20AH, 20AI and 20CA . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 129 130 Not authorised —indicative only Page 9
Not authorised— indicative only
Vegetation Management Act 1999 Part 1 Preliminary [s 1] Vegetation Management Act 1999 An Act about the management of vegetation Not authorised —indicative only Part 1 Preliminary 1 Short title This Act may be cited as the Vegetation Management Act 1999 . 3 Purpose of Act (1) The purpose of this Act is to regulate the clearing of vegetation in a way that— (a) conserves remnant vegetation that is— (i) an endangered regional ecosystem; or (ii) an of concern regional ecosystem; or (iii) a least concern regional ecosystem; and (b) conserves vegetation in declared areas; and (c) ensures the clearing does not cause land degradation; and (d) prevents the loss of biodiversity; and (e) maintains ecological processes; and (f) manages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e); and (g) reduces greenhouse gas emissions; and Current as at [Not applicable] Page 11
Vegetation Management Act 1999 Part 1 Preliminary [s 3] Not authorised —indicative only (h) allows for sustainable land use. (2) The purpose is achieved mainly by providing for— (a) the following matters— (i) assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive; (ii) for the Planning Act, the matters a referral agency other than the planning chief executive— (A) must or may assess a development application against; or (B) must or may assess a development application having regard to; and (b) the enforcement of vegetation clearing provisions; and (c) declared areas; and (d) a framework for decision making that, in achieving this Act’s purpose in relation to subsection (1)(a) to (e), applies the precautionary principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage; and (e) the regulation of particular regrowth vegetation. (3) In this section— environment includes— (a) ecosystems and their constituent parts including people and communities; and (b) all natural and physical resources; and (c) those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and Page 12 Current as at [Not applicable]
Vegetation Management Act 1999 Part 1 Preliminary [s 4] (d) the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters. Not authorised —indicative only 4 Advancing the Act’s purpose If, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the purpose of this Act. 5 Definitions The dictionary in the schedule defines particular words used in this Act. 6 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 7 Application of Act (1) This Act applies to all clearing of vegetation other than vegetation on— (a) a forest reserve under the Nature Conservation Act 1992 ; or (b) any of the following protected areas under the Nature Conservation Act 1992 (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); Current as at [Not applicable] Page 13
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 8] (vi) a conservation park; (vii) a resources reserve; or (c) an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or (d) a forest entitlement area under the Land Act 1994 . (2) This Act does not prevent a local law from imposing requirements on the clearing of vegetation in its local government area. (3) The requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009 , section 27. (4) The Local Government Act 2009 , section 27 is subject to subsection (3). (5) This Act does not prevent a local planning instrument under the Planning Act from imposing requirements on the clearing of vegetation in its local government area. Part 2 Vegetation management Division 1 Key concepts 8 What is vegetation Vegetation is a native tree or plant other than the following— (a) grass or non-woody herbage; (b) a plant within a grassland regional ecosystem prescribed under a regulation; (c) a mangrove. 9 What is vegetation management (1) Vegetation management is the management of vegetation in a way that achieves the purpose of this Act. Page 14 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 10] (2) For subsection (1), the management of vegetation may include, for example, the following— (a) the retention or maintenance of vegetation to— (i) avoid land degradation; or (ii) maintain or increase biodiversity; or (iii) maintain ecological processes; (b) the retention of riparian vegetation; (c) the retention of vegetation clumps or corridors. Division 2 State policy for vegetation management 10 State policy for vegetation management (1) The Minister must prepare a policy for vegetation management for the State. (2) Without limiting subsection (1), the policy must state— (a) outcomes for vegetation management and actions proposed to achieve the outcomes; and (b) special considerations for significant community projects. (3) The Governor in Council, by gazette notice, may approve the policy. (4) The policy is not subordinate legislation. (5) In this section— significant community projects means projects the chief executive considers have an aesthetic, conservation, cultural or economic benefit to a local or regional community or the State, including— (a) a project that serves an essential need of the community; and Current as at [Not applicable] Page 15
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 16] Examples— essential infrastructure, school (b) a project that significantly improves the community’s access to services. Examples— hospital, State or local government library or museum Division 4 Declaration of particular areas Subdivision 1 Declarations by Governor in Council or Minister 16 Preparing declaration (1) The Minister may prepare a declaration that a stated area is— (a) an area of high nature conservation value; or (b) an area vulnerable to land degradation. (2) Also, a person may request the Minister to prepare a declaration mentioned in subsection (1). (3) The proposed declaration must include— (a) proposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and (b) proposed matters that a referral agency must or may assess a development application against, or having regard to. (4) The Minister must consult with the following entities in preparing the declaration— (a) an advisory committee established to advise the Minister about vegetation management; (b) each local government whose area is affected by the declaration. Page 16 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 17] (5) The Minister must give each owner of land that is in the stated area a written notice inviting the owner to make a submission about the proposed declaration. (6) The Minister must also give notice of the proposed declaration. (7) The notice must— (a) be published in a newspaper the Minister considers appropriate; and (b) state the places where copies of the proposed declaration may be inspected; and (c) invite submissions on the proposed declaration; and (d) state a day by which submissions may be made on the proposed declaration. 17 Making declaration (1) The Governor in Council, by gazette notice, may declare— (a) an area mentioned in section 16(1)(a) to be an area of high nature conservation value; or (b) an area mentioned in section 16(1)(b) to be an area vulnerable to land degradation. (2) The declaration must not include the matters proposed under section 16(3)(a) and (b). (3) The declaration is not subordinate legislation. 18 Interim declaration (1) The Minister, by gazette notice, may make an interim declaration that a stated area is— (a) an area of high nature conservation value; or (b) an area vulnerable to land degradation. Current as at [Not applicable] Page 17
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19] (2) The Minister may make the interim declaration only if the Minister considers that urgent action is needed to protect the area. (3) The interim declaration must state it is an interim declaration and the date, not more than 3 months after it is made, on which it expires. (4) The interim declaration is not subordinate legislation. (5) If an area is declared under subsection (1), a person must not clear vegetation in the area while the declaration has effect. Maximum penalty—1665 penalty units. 19 Criteria for declarations (1) The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area of high nature conservation value only if the Minister considers the area is 1 or more of the following— (a) a wildlife refugium; (b) a centre of endemism; (c) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity; (d) an area that makes a significant contribution to the conservation of biodiversity; (e) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice. (2) The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area vulnerable to land degradation only if the Minister considers the area is subject to 1 or more of the following— (a) soil erosion; (b) rising water tables; (c) the expression of salinity, whether inside or outside the area; Page 18 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19E] (d) mass movement by gravity of soil or rock; (e) stream bank instability; (f) a process that results in declining water quality. (3) An area declared under subsection (1) or (2) may include an area of regrowth vegetation. Subdivision 2 Declarations by chief executive 19E Request for declaration (1) The owner of land (the proponent ) may, by written notice given to the chief executive, ask the chief executive to declare that a stated area of the land is— (a) an area of high nature conservation value; or (b) an area vulnerable to land degradation. (2) The notice must be accompanied by a management plan for the stated area. (3) The management plan must— (a) be signed by the proponent; and (b) include enough information to allow the chief executive to map the boundary of the stated area; and (c) state the proponent’s management intent, and management outcomes proposed by the proponent, for the conservation of the high nature conservation value of the area or the prevention of land degradation in the area; and (d) state the activities the proponent intends to carry out, or refrain from carrying out, to achieve the management outcomes mentioned in paragraph (c); and (e) state the restrictions, if any, to be imposed on the use of, or access to, the area by other persons to achieve the management outcomes mentioned in paragraph (c). Current as at [Not applicable] Page 19
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19F] (4) Subsection (3) does not limit the matters the management plan may contain. 19F Making declaration (1) The chief executive may, by written notice given to the proponent, declare that the stated area is— (a) an area of high nature conservation value; or (b) an area vulnerable to land degradation. (2) If a person other than the proponent has a registered interest in the stated area the chief executive must not make the declaration without the person’s written consent. (3) Without limiting subsection (1), the chief executive may decide not to make a declaration for the stated area if the chief executive considers the making of the declaration is not in the interests of the State, having regard to the public interest. (4) In this section— registered means registered under the Land Act 1994 or Land Title Act 1994 . 19G Particular criteria for declaration (1) The chief executive may declare an area to be an area of high nature conservation value only if the chief executive considers— (a) implementation of the management plan for the area will help to conserve its high nature conservation value; and (b) the area is 1 or more of the following— (i) a wildlife refugium; (ii) a centre of endemism; (iii) an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity; Page 20 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19I] (iv) an area that makes a significant contribution to the conservation of biodiversity; (v) an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F(1) for the declaration; (vi) another area that contributes to the conservation of the environment. (2) The chief executive may declare an area to be an area vulnerable to land degradation only if the chief executive considers— (a) implementation of the management plan for the area will help to prevent or minimise land degradation in the area; and (b) the area is subject to 1 or more of the following— (i) soil erosion; (ii) rising water tables; (iii) the expression of salinity, whether inside or outside the area; (iv) mass movement by gravity of soil or rock; (v) stream bank instability; (vi) a process that results in declining water quality. (3) An area declared under this subdivision may include an area of regrowth vegetation. 19I Amendment of management plan The chief executive may, with the agreement of the owner of the land the subject of a management plan, amend the plan. 19J When management plan stops having effect A management plan for a declared area has effect until the earlier of the following happens— Current as at [Not applicable] Page 21
Vegetation Management Act 1999 Part 2 Vegetation management [s 19K] (a) the plan ends under its terms; (b) the declaration of the area as a declared area ends under section 19L. Not authorised —indicative only 19K Recording of declared areas and management plans (1) As soon as practicable after declaring an area to be a declared area, the chief executive must give the registrar of titles written notice of— (a) the declaration; and (b) the management plan for the declared area. (2) The notice must include particulars of the land the subject of the declaration. (3) The registrar must keep records that— (a) show the land is a declared area; and (b) state the places where particulars of the management plan may be inspected. (4) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show— (a) the declaration has been made; and (b) the existence of the management plan. (5) As soon as practicable after a declaration ends or a management plan for the land the subject of a declaration stops having effect— (a) the chief executive must give the registrar written notice of the fact; and (b) the registrar must remove the particulars of the declaration or management plan from the registrar’s records. (6) While a management plan has effect for the land and is recorded by the registrar under this section, the plan is binding on— Page 22 Current as at [Not applicable]
Vegetation Management Act 1999 Part 2 Vegetation management [s 19L] (a) each person who is from time to time the owner of the land, whether or not the person signed the plan or agreed to any amendment of the plan; and (b) each person who has an interest in the land. Not authorised —indicative only 19L Ending declaration (1) The chief executive may, by written notice given to the owner of the land the subject of a declaration under this subdivision, end the declaration if the chief executive considers— (a) the declaration is not in the interests of the State, having regard to the public interest; or (b) the management outcomes mentioned in section 19E(3)(c) for the management plan relevant to the declaration have been achieved. (2) Also, the chief executive may, by notice given to the owner of land declared as an area of high conservation value, end the declaration if— (a) the area is, on or after the commencement of this subsection, a legally secured offset area; and (b) a prescribed activity is, under an authority under another Act, to be carried out in or on the area; and (c) the holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area. (3) In this section— agreed delivery arrangement see the Environmental Offsets Act 2014 , schedule 2. authority , under another Act, see the Environmental Offsets Act 2014 , schedule 2. environmental offset see the Environmental Offsets Act 2014 , schedule 2. legally secured offset area see the Environmental Offsets Act 2014 , schedule 2. Current as at [Not applicable] Page 23
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19N] prescribed activity see the Environmental Offsets Act 2014 , schedule 2. Division 4A Clearing vegetation for special indigenous purpose 19N Draft matters for assessing development application for clearing of vegetation for special indigenous purpose (1) The Minister may prepare a document stating draft assessment matters for development that— (a) involves, or relates to, the clearing of vegetation; and (b) the Minister is satisfied is for a special indigenous purpose under the CYPH Act. (2) In preparing the document, the Minister— (a) must consult with— (i) the relevant landholders; and (ii) the Cape York Peninsula Regional Advisory Committee; and (b) may, for example, consider any matter stated in the CYPH Act, section 18 or 19 the Minister considers is relevant to the clearing of vegetation for development. (3) In preparing assessment matters under the Planning Act, the document may be considered, but otherwise does not affect the preparation or making of assessment matters under that Act. (4) In this section— assessment matters means— (a) assessment benchmarks for assessing development under the Planning Act; and (b) the matters a referral agency must or may assess a development application against, or having regard to. Page 24 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19O] Cape York Peninsula Region means the Cape York Peninsula Region under the CYPH Act. Cape York Peninsula Regional Advisory Committee means the Cape York Peninsula Regional Advisory Committee established under the CYPH Act. DOGIT land means DOGIT land under the Aboriginal Land Act 1991. relevant landholders means— (a) the land trusts for Aboriginal land, under the Aboriginal Land Act 1991 , that is in the Cape York Peninsula Region; and (b) the Aurukun Shire Council; and (c) the trustees, under the Land Act 1994 , of DOGIT land in the Cape York Peninsula Region. Division 4B Accepted development 19O Accepted development vegetation clearing code (1) The Minister may make a code (an accepted development vegetation clearing code ) for— (a) clearing of vegetation, including for the following— (i) an extractive industry; (ii) relevant infrastructure activities; (iii) environmental activities, including necessary environmental clearing; (iv) sustainable land use, including fodder harvesting; or (b) conducting a native forest practice. (2) Also, the Minister may make a code (also an accepted development vegetation clearing code ) for any other matter about clearing vegetation the Minister considers is necessary or desirable for achieving the purpose of this Act. Current as at [Not applicable] Page 25
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19P] (3) An accepted development vegetation clearing code may provide for all or any of the following— (a) clearing for 1 or more relevant purposes under section 22A; (b) clearing that is subject to another code under this Act; (c) clearing a particular area; (d) clearing a particular type of vegetation; (e) required outcomes and practices, and voluntary best practices, for clearing vegetation; (f) restrictions on clearing commercial timber on State land; (g) the protection of habitat for protected wildlife; (h) the circumstance in which an exchange area must be provided; (i) giving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code. (4) An accepted development vegetation clearing code must not be inconsistent with this Act or the State policy. 19P When accepted development vegetation clearing code takes effect An accepted development vegetation clearing code does not take effect until it has been approved under a regulation. 19Q When code compliant clearing and conduct of native forest practices are accepted development, assessable development or prohibited development for Planning Act (1) This section applies if an accepted development vegetation clearing code applies to the clearing of vegetation or the conduct of a native forest practice (the activity ). (2) For the Planning Act, the activity is— Page 26 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 19R] (a) accepted development to the extent the activity complies with the code; or (b) assessable development to the extent— (i) the activity does not comply with the code; and (ii) the development the subject of a vegetation clearing application for the activity would be for a relevant purpose under section 22A; or (c) prohibited development under that Act to the extent— (i) the activity does not comply with the code; and (ii) the development the subject of a vegetation clearing application for the activity would not be for a relevant purpose under section 22A. Note— For an offence relating to carrying out assessable development without a development permit under the Planning Act and an exemption from the offence, see chapter 5, part 2 of that Act. 19R Register of accepted development notices given under code (1) The chief executive must keep a register of notices required to be given to the chief executive under an accepted development vegetation clearing code. (2) The register must include details of each notice the chief executive considers appropriate. (3) The publicly available part of the register must not contain the name of the person giving the notice. (4) The chief executive must publish the real property description of the land the subject of the notification in the publicly available part of the register on the department’s website. 19S When notice given under code ends (1) This section applies if the Minister revokes or replaces an accepted development vegetation clearing code. Current as at [Not applicable] Page 27
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20A] (2) For this Act and the Planning Act— (a) a notice for the intended clearing of vegetation or the conduct of a native forest practice (the activity ) given under the code ceases to have effect when the code is revoked or replaced; and (b) the activity can not continue to be carried out under that code or, if that code is replaced, the replacement code. Division 5AA Vegetation management maps 20A What is the regulated vegetation management map The regulated vegetation management map is the map certified by the chief executive as the regulated vegetation management map for a part of the State and showing the vegetation category areas for the part. Note— The chief executive may decide under section 20AH or 20AI to show an area on the map as a category B or a category C area even though the vegetation is not remnant vegetation or high value regrowth vegetation. 20AA What is the vegetation management wetlands map The vegetation management wetlands map is the map certified by the chief executive as the vegetation management wetlands map showing particular wetlands for the State. 20AB What is the vegetation management watercourse and drainage feature map The vegetation management watercourse and drainage feature map is the map certified by the chief executive as the vegetation management watercourse and drainage feature map showing particular watercourses and drainage features for the State. Note— The map consists of the following documents— Page 28 Current as at [Not applicable]
Vegetation Management Act 1999 Part 2 Vegetation management [s 20AC] the document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’ the document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’. Not authorised —indicative only 20AC What is the essential habitat map (1) The essential habitat map is a map certified by the chief executive as the essential habitat map for the State and showing, for the State, areas the chief executive reasonably believes are areas of essential habitat for protected wildlife. (2) Essential habitat , for protected wildlife, is a category A area, a category B area or category C area shown on the regulated vegetation management map— (a) that has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitat database; or (b) in which the protected wildlife, at any stage of its life cycle, is located. (3) Essential habitat database is a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential habitat database. (4) An essential habitat factor , for protected wildlife, is a component of the wildlife’s habitat, including, for example, a landform, pollinator, regional ecosystem, soil and water, that is necessary or desirable for the wildlife at any stage of its lifecycle. 20AH Deciding to show particular areas as category B areas In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category B area if— (a) a development approval for the area has been given for— Current as at [Not applicable] Page 29
Vegetation Management Act 1999 Part 2 Vegetation management [s 20AH] Not authorised —indicative only Page 30 (i) fodder harvesting; or (ii) managing thickened vegetation; or (iii) clearing of encroachment; or (iv) control of non-native plants or declared pests; or (v) necessary environmental clearing; or (b) the area is a declared area, offset area or exchange area; or (c) the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category B area for 1 or more of the following— (i) conducting a native forest practice; (ii) fodder harvesting; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or (d) the area contains forest products under the Forestry Act 1959 and— (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or (ii) is an area in which the State has carried out harvesting of commercial timber; or (iii) has been cleared under section 70A; or (e) the chief executive has made a PMAV for the area under section 20B(1)(e), (g) or (h); or (f) the area has been unlawfully cleared; or (g) 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 (h) the area is a regional ecosystem that— Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20AI] (i) has a predominant canopy not dominated by woody vegetation; and (ii) has not been cultivated for 15 years; and (iii) contains native species normally found in the regional ecosystem; and (iv) is not dominated by non-native perennial species; or (i) the area has been subject to clearing of vegetation under an area management plan on a category B area for 1 or more of the following— (i) fodder harvesting; (ii) managing thickened vegetation; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or (j) the area has been subject to a native forest practice on a category B area. 20AI Deciding to show particular areas as category C areas In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category C area if— (a) the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category C area for 1 or more of the following— (i) conducting a native forest practice; (ii) fodder harvesting; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing; or (b) the area is an exchange area; or Current as at [Not applicable] Page 31
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20AJ] (c) the area contains forest products under the Forestry Act 1959 that are regulated regrowth vegetation and— (i) has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or (ii) is an area in which the State has carried out harvesting of commercial timber; or (iii) has been cleared under section 70A; or (d) the chief executive has made a PMAV for the area under section 20B(1)(e), (g) or (h); or (e) the area has been unlawfully cleared; 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 area has been subject to clearing of vegetation under an area management plan on a category C area for 1 or more of the following— (i) fodder harvesting; (ii) managing thickened vegetation; (iii) clearing of encroachment; (iv) controlling non-native plants or declared pests; (v) necessary environmental clearing. 20AJ Application to make PMAV before amending regulated vegetation management map If an owner of land in an area wants the chief executive to amend the regulated vegetation management map, the owner must apply to the chief executive under section 20C to make a PMAV for the area. Note— See section 20H for the effect of an inconsistency between a PMAV and the regulated vegetation management map. Page 32 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20AK] 20AK What is a property map of assessable vegetation (or PMAV ) (1) A property map of assessable vegetation (or PMAV ) is a map certified by the chief executive as a PMAV for an area and showing the vegetation category area for the area. (2) The map may also show for the area the location of the boundaries of, and the regional ecosystem number for, each regional ecosystem in the area. 20AKA What is a vegetation category area A vegetation category area is a category A area, category B area, category C area, category R area or category X area. Note— The effect of sections 20AL to 20AO, 20BA and 20CA is that there is no overlap of the boundaries of the vegetation category areas. 20AL What is a category A area A category A area is an area, other than a category B area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category A area that— (a) is any of the following— (i) a declared area; (ii) an offset area; (iii) an exchange area; or (b) has been unlawfully cleared; or (c) is, or has been, subject to— (i) a restoration notice; or (ii) an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or Current as at [Not applicable] Page 33
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20AM] (d) 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 (e) the chief executive decides under section 20BA is a category A area; or (f) is a category A area by agreement under section 20C(3) if, immediately before the agreement is entered into, the area was a category X area on a PMAV containing remnant vegetation or high value regrowth. 20AM What is a category B area A category B area is an area, other than a category A area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category B area that— (a) contains remnant vegetation; or (b) the chief executive decides to show on the regulated vegetation management map as a category B area; or Note— The chief executive may decide under section 20AH to show an area on the regulated vegetation management map as a category B area even though the vegetation is not remnant vegetation. (c) if section 20AN does not apply to the area— (i) is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and (ii) contains— (A) an endangered regional ecosystem; or (B) an of concern regional ecosystem; or (C) a least concern regional ecosystem. Page 34 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20AN] 20AN What is a category C area A category C area is an area, other than a category A area, category B area, category R area or category X area, shown on the regulated vegetation management map as a category C area that— (a) contains high value regrowth vegetation; or (b) the chief executive decides to show on the regulated vegetation management map as a category C area. Note— The chief executive may decide under section 20AI to show an area on the regulated vegetation management map as a category C area even though the vegetation is not high value regrowth vegetation. 20ANA What is a category R area A category R area is an area, other than a category A area, category B area, category C area or category X area, shown on the regulated vegetation management map as a category R area that is a regrowth watercourse and drainage feature area. 20AO What is a category X area (1) A category X area is an area, other than a category A area, category B area, category C area or category R area (in which the clearing of vegetation has happened), shown on the regulated vegetation management map as a category X area. (2) However, an area is not a category X area if the chief executive decides under section 20CA the area is not a category X area. 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 Current as at [Not applicable] Page 35
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20B] (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. Page 36 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20BA] (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. 20BA Chief executive may make decision about category A area The chief executive may make an area a category A area on a PMAV if the chief executive reasonably believes— (a) a vegetation clearing offence is being, or has been, committed in relation to the area; or (b) 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 (c) prohibited development under the repealed Moratorium Act, part 5 was carried out in relation to the area. 20C When owner may apply for PMAV (1) An owner of land may apply to the chief executive for the making of a PMAV for the land or part of the land. (2) The application must— (a) be in the approved form; and (b) state the information prescribed under a regulation; and (c) be accompanied by the fee prescribed under a regulation. (3) If the owner of the land and the chief executive agree to the making of the PMAV, the chief executive must make the PMAV. (4) The chief executive may waive the prescribed fee for the making of a PMAV if it is in the interests of the State and the owner. Current as at [Not applicable] Page 37
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20CA] (5) If the chief executive refuses to make a PMAV for the area, the chief executive must give the owner an information notice about the decision. 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 Page 38 Current as at [Not applicable]
Vegetation Management Act 1999 Part 2 Vegetation management [s 20CA] Not authorised —indicative only (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; Current as at [Not applicable] Page 39
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20CA] (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 Page 40 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20D] (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. 20D When PMAV may be replaced (1) The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ). (2) A new PMAV may apply to— (a) part or all of the previous area; or (b) part or all of the previous area and another area. (3) Subsection (1) applies only— (a) if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2); or (b) to reflect a change to an endangered, of concern or a least concern regional ecosystem in an area mentioned in subsection (2); or Editor’s note— A change may only be made by amending the Vegetation Management Regulation 2012. (c) to change a category A area mentioned in section 20AL(f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or (d) for a matter other than a matter mentioned in paragraph (a), (b) or (c), if each of the affected owners agrees to the replacement. Current as at [Not applicable] Page 41
Vegetation Management Act 1999 Part 2 Vegetation management [s 20D] Not authorised —indicative only (3A) Despite subsection (3), the chief executive may replace a PMAV for an area if— (a) for a PMAV made under section 20B(1)(a) for a declared area under division 4, subdivision 2—the declaration for the area ends; or (b) for a PMAV made under section 20B(1)(b)—the offset in relation to the offset area ends; or (c) for a PMAV made under section 20B(1)(c)—the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or (d) for a PMAV made under section 20B(1)(d), (e), (f) or (g)— (i) the area contains remnant vegetation; or (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or (e) for a PMAV made under section 20B(1)(h)—the Land Act tenure over the area is not converted to another form of tenure; or (f) for a PMAV made under section 20B(1)(i)—the regulated vegetation management map is amended to correct the error. (4) A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section. (5) In this section— affected owner means an owner of land proposed to be included in a new PMAV if any of the following apply— (a) the owner applied under section 20C for the making of the new PMAV; (b) there was not a PMAV for the land or part of the land; Page 42 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20F] (c) the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV. 20F Copies of PMAV given to owners (1) If a PMAV is made or replaced, a copy must be given, free of charge, to each affected owner of land that is included in the PMAV. (2) However, if there are 2 or more affected owners who reside at the same address, a copy of the PMAV may be sent to the owners jointly. (3) In this section— affected owner , of land included in a PMAV, means an owner of the land if all, or a part of, the land will be affected by a change to the boundary of a vegetation category area in the PMAV. 20H PMAV boundaries prevail (1) This section applies if there is an inconsistency between a boundary of a vegetation category area shown on a PMAV and the boundary of the area shown on the regulated vegetation management map. (2) The boundary shown on the PMAV prevails to the extent of the inconsistency. 20HA Certifying vegetation management map The chief executive may certify a vegetation management map by certifying— (a) a hard copy of the map; or (b) a digital electronic form of the map. Current as at [Not applicable] Page 43
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 20HB] 20HB Amending vegetation management map If the chief executive certifies or amends a PMAV the chief executive must amend the regulated vegetation management map in a way that reflects the certification or amendment. 20HC When vegetation management map takes effect A vegetation management map or a map replacing a vegetation management map does not take effect until the map is certified by the chief executive. Division 5B Area management plans Subdivision 1 Preliminary 21 Definitions for division In this division— area management plan means an area management plan made by the chief executive under subdivision 2. plan area , for an area management plan, means the area to which the plan relates. restricted (fodder harvesting) land see section 21A. 21A What is restricted (fodder harvesting) land (1) Restricted (fodder harvesting) land is— (a) a State-controlled road under the Transport Infrastructure Act 1994; or (b) a road controlled by a local government under the Local Government Act 2009; or (c) trust land under the Land Act 1994. Page 44 Current as at [Not applicable]
Vegetation Management Act 1999 Part 2 Vegetation management [s 21B] (2) However, restricted (fodder harvesting) land does not include indigenous land. Not authorised —indicative only Subdivision 2 Plans made by chief executive 21B Chief executive may make area management plans (1) The chief executive may make an area management plan for an area that provides for any matter about clearing vegetation the chief executive considers necessary or desirable for achieving the purpose of this Act. (2) An area management plan must— (a) include enough information to allow the chief executive to map the boundary of— (i) the plan area; and (ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and (b) state— (i) the management intent and management outcomes for vegetation management in the plan area; and (ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and (c) provide for, or allow, clearing of vegetation for 1 or more of the following— (i) controlling non-native plants or declared pests; (ii) ensuring public safety; (iii) relevant infrastructure activities; (iv) clearing of encroachment; (v) managing thickened vegetation; Current as at [Not applicable] Page 45
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 21C] (vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land; (vii) necessary environmental clearing; and (d) not be inconsistent with the State policy. (3) An area management plan is not subordinate legislation. 21C Plan period for area management plan An area management plan must state the period, of no longer than 10 years, for which it will be in force, and remains in force until the end of the period. 21D Mandatory conditions for area management plan (1) An area management plan is subject to the conditions under subsections (2) and (3). (2) If the plan provides for, or allows, clearing of vegetation for relevant infrastructure activities, the condition is that the clearing can not reasonably be avoided or minimised. (3) If the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting. Subdivision 3 Keeping plans 21E Register of area management plans (1) The chief executive must— (a) give each area management plan a unique identifying number; and (b) keep a register of area management plans. (2) The register must include details of each notice the chief executive considers appropriate. Page 46 Current as at [Not applicable]
Division 6 Vegetation Management Act 1999 Part 2 Vegetation management [s 22A] Relationship with Planning Act Not authorised —indicative only 22A When development is for a relevant purpose (1) This section provides for when development the subject of a vegetation clearing application is for a relevant purpose. (2) Development is for a relevant purpose under this section if the chief executive is satisfied the development is— (a) a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26; or (b) necessary to control non-native plants or declared pests; or (c) to ensure public safety; or (d) for relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or (e) a natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997 , or a development application was made under that Act, before 16 May 2003; or (f) for fodder harvesting; or (g) for managing thickened vegetation; or (h) for clearing of encroachment; or (i) for an extractive industry; or (j) for necessary environmental clearing. (2AA) Also, development the subject of a vegetation clearing application is for a relevant purpose under this section if, under the CYPH Act, the Minister is satisfied the development is for a special indigenous purpose. (2B) However, development is not for a relevant purpose under this section if the development is— Current as at [Not applicable] Page 47
Not authorised —indicative only Vegetation Management Act 1999 Part 2 Vegetation management [s 22B] (a) clearing in a category C area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; or (b) clearing in a category R area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes; or (c) mentioned in subsection (2)(e), (f) or (i) or (2AA) and the land the subject of the application is an area declared to be a declared area under division 4, subdivision 2. 22B Requirements for vegetation clearing application for managing thickened vegetation (1) This section applies if a vegetation clearing application is for managing thickened vegetation. (2) The application must demonstrate how the proposed clearing will restore the regional ecosystem subject to the clearing to the floristic composition and densities typical of the regional ecosystem in the bioregion and include the following— (a) the location and extent of the proposed clearing; (b) the selective clearing methods proposed to be used; (c) evidence that the clearing will be limited to the prescribed regional ecosystems and restrictions; (d) evidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion. (3) In this section— prescribed regional ecosystems and restrictions means regional ecosystems and restrictions prescribed by regulation under the Planning Act, section 55(2) to be a regional ecosystem or restriction for managing thickened vegetation. Page 48 Current as at [Not applicable]
Division 7A Vegetation Management Act 1999 Part 2 Vegetation management [s 22LA] Classes of regional ecosystems Not authorised —indicative only 22LA Endangered regional ecosystems (1) A regulation may declare a stated regional ecosystem to be an endangered regional ecosystem. (2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— (a) the area of remnant vegetation for the regional ecosystem is less than 10% of the pre-clearing extent of the regional ecosystem; or (b) the area of remnant vegetation for the regional ecosystem is— (i) 10% to 30% of the pre-clearing extent of the regional ecosystem; and (ii) less than 10,000ha. (3) However, failure to comply with subsection (2) in relation to a regulation does not affect the regulation’s validity. 22LB Of concern regional ecosystems (1) A regulation may declare a stated regional ecosystem to be an of concern regional ecosystem. (2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— (a) the area of remnant vegetation for the regional ecosystem is 10% to 30% of the pre-clearing extent of the regional ecosystem; or (b) the area of remnant vegetation for the regional ecosystem is— (i) more than 30% of the pre-clearing extent of the regional ecosystem; and Current as at [Not applicable] Page 49
Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 22LC] (ii) less than 10,000ha. (3) However, failure to comply with subsection (2) in relation to a regulation does not affect the regulation’s validity. Not authorised —indicative only 22LC Least concern regional ecosystems (1) A regulation may declare a stated regional ecosystem to be a least concern regional ecosystem. (2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the area of remnant vegetation for the regional ecosystem is— (a) more than 30% of the pre-clearing extent of the regional ecosystem; and (b) more than 10,000ha. (3) However, failure to comply with subsection (2) in relation to a regulation does not affect the regulation’s validity. Part 3 Enforcement, investigations and offences Division 1 Enforcement and investigations Subdivision 1 Authorised officers 24 Appointment and qualifications of authorised officers (1) The chief executive may appoint a person as an authorised officer. (2) The chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person has the necessary expertise or experience to be an authorised officer. Page 50 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 25] 25 Functions and powers of authorised officers (1) An authorised officer has the functions of— (a) conducting investigations and inspections to monitor and enforce compliance with— (i) this Act; and (ii) a vegetation clearing provision; and (b) giving stop work notices and restoration notices. (2) An authorised officer has the powers given under this or another Act. (3) An authorised officer is subject to the directions of the chief executive in exercising the powers. (4) The powers of an authorised officer may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by notice of the chief executive given to the authorised officer. 26 Conditions of appointment of authorised officers (1) An authorised officer holds office on the conditions stated in the officer’s instrument of appointment. (2) An authorised officer— (a) if the appointment provides for a term of appointment— ceases to hold office at the end of the term; and (b) may resign by signed notice of resignation given to the chief executive. 27 Authorised officer’s identity card (1) The chief executive must give each authorised officer an identity card. (2) The identity card must— Current as at [Not applicable] Page 51
Not authorised —indicative only Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 28] (a) contain a recent photograph of the authorised officer; and (b) be signed by the authorised officer; and (c) identify the person as an authorised officer under this Act. (3) This section does not prevent the giving of a single identity card to a person for this Act and other Acts. 28 Failure to return identity card A person who ceases to be an authorised officer must return the person’s identity card to the chief executive as soon as practicable, but within 15 business days, after ceasing to be an authorised officer, unless the person has a reasonable excuse for not returning it. Maximum penalty—50 penalty units. 29 Production or display of identity card (1) An authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer— (a) first produces his or her identity card for the person’s inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) If it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity. Subdivision 2 Power to enter places 30 Power to enter places (1) An authorised officer may enter a place if— Page 52 Current as at [Not applicable]
Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 30] Not authorised —indicative only (a) an occupier of the place consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the place is— (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and (ii) entered during daylight hours; or (d) the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or (e) the entry is under section 30A or is authorised by a warrant. (2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Current as at [Not applicable] Page 53
Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 30A] (3) Subsection (1)(c) does not apply to a part of a place where a person resides. Not authorised —indicative only 30A Power to enter place on reasonable belief of vegetation clearing offence (1) This section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place. (2) The authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place. (3) The authorised officer may exercise powers under subsection (2), at the time, with the help, and using the force, that is necessary and reasonable in the circumstances. (4) However, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place. (5) Notice of the proposed entry must include the following information— (a) that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place; (b) the reasons for the authorised officer’s belief; (c) that the authorised officer intends to enter the place and may re-enter the place; (d) the purpose of the proposed entry; (e) the dates and times of entry and re-entry. (6) In exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances. (7) This section does not apply to a part of a place where a person resides. Page 54 Current as at [Not applicable]
Not authorised —indicative only Subdivision 3 Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 31] Procedure for entry 31 Entry with consent (1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 30(1)(a). (2) Before asking for the consent, the authorised officer must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier. (6) A court must find the occupier of a place did not consent to an authorised officer entering the place under this division if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30(1)(a); and (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and Current as at [Not applicable] Page 55
Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 32] (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. Not authorised —indicative only 32 Application for warrant (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. 33 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of a vegetation clearing offence; and (b) the evidence is at the place, or, within the next 7 days, may be at the place. (2) The warrant must state— (a) that any authorised officer or stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the authorised officer’s powers under this division; and (b) the offence for which the warrant is sought; and Page 56 Current as at [Not applicable]
Not authorised —indicative only Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 34] (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. (3) The warrant may, as well as authorising entry of the place, authorise re-entry by stating it on the warrant. (4) A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant. 34 Special warrants (1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised officer’s remote location. (2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (3) The authorised officer may apply for the special warrant before the application is sworn. (4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the authorised officer— (a) the magistrate must tell the authorised officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and Current as at [Not applicable] Page 57
Not authorised —indicative only Vegetation Management Act 1999 Part 3 Enforcement, investigations and offences [s 35] (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and