Vegetation Management and Other Legislation Amendment Bill 2018 (Qld)

An Act to amend the Planning Act 2016, the Planning Regulation 2017, the Vegetation Management Act 1999and the Water Act 2000 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Vegetation Management and Other Legislation Amendment Act 2018.

2 Commencement (1) Sections 6, 14, 16(11), 37 (other than to the extent it inserts section 144) and 45 are taken to have commenced on 8 March 2018. (2) Section 35 commences on a day to be fixed by proclamation.

Part 2 Amendment of Vegetation Management Act 1999

3 Act amended This part amends the Vegetation Management Act 1999.

4 Amendment of s 19O (Accepted development vegetation clearing code) Section 19O(1)— omit, insert— (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.

5 Amendment of s 19Q (When code compliant clearing and conduct of native forest practices are accepted development, assessable development or prohibited development for Planning Act) Section 19Q(2)(b)(ii) and (c)(ii), 'any vegetation'— omit, insert— the development the subject of a vegetation

6 Insertion of new s 19S Part 2, division 4B— insert—

19S When notice given under code ends (1) This section applies if the Minister revokes or replaces an accepted development vegetation clearing code. (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. (3) However, if the Minister replaces an accepted development vegetation clearing code, subsection (2) does not apply to the extent the replacement code provides otherwise.