1 Short title

This Act may be cited as the Vegetation Management (Reinstatement) and Other Legislation Amendment Act 2016.

2 Commencement

(1) Part 1, part 2 (other than section 6) and part 3 of this Act are taken to have commenced on 17 March 2016.

(2) The remaining provisions of this Act commence on a day to be fixed by proclamation.

3 Act amended

This part amends the Vegetation Management Act 1999.

4 Amendment of s 22A (Particular vegetation clearing applications may be assessed)

(1) Section 22A, heading—omit, insert—

22A When development is for a relevant purpose

(2) Section 22A(1)—omit, insert—

(1) This section provides for when development is for a relevant purpose for the Planning Act, schedule 1, item 3 or 4.

(3) Section 22A(2), from ‘A vegetation’ to ‘applied for’—omit, insert—Development is for a relevant purpose under this section if the chief executive is satisfied the development

(4) Section 22A(2)(k) and (l)—omit.

(5) Section 22A(2AA), ‘a vegetation clearing application’—omit, insert—development

(6) Section 22A(2AA), ‘applied for’—omit.

(7) Section 22A(2B), ‘a vegetation clearing application’—omit, insert—development

(8) Section 22A(2B), ‘applied for’—omit.

(9) Section 22A(2B)(a) after ‘category C area’—insert—if the land on which the development is carried out is freehold land, indigenous land or a lease issued under the Land Act 1994 for agriculture or grazing purposes

(10) Section 22A(2B)(b), ‘the subject of the application’—omit, insert—on which the development is carried out

(11) Section 22A(2B)(c), ‘the subject of the application’—omit, insert—on which the development is carried out

(12) Section 22A(2C), ‘a vegetation clearing application’—omit, insert—development

(13) Section 22A(2C), ‘applied for’—omit.

5 Omission of pt 2, div 6, sdiv 1A (Particular vegetation clearing applications)

Part 2, division 6, subdivision 1A—

omit.

6 Insertion of new s 67A and new pt 4, div 2A

After section 67—

insert—

67A Responsibility for unauthorised clearing of vegetation

(1) The clearing of vegetation on land in contravention of a vegetation clearing provision is taken to have been done by an occupier of the land in the absence of evidence to the contrary.

(2) In this section—

"occupier", of land, includes—

(a) for freehold land—the registered owner; or

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

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

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

7 Insertion of new pt 6, div 12

After section 124—

insert—

8 Amendment of sch (Dictionary)

(1) Schedule, definitions
"high value agriculture clearing" and
"irrigated high value agriculture clearing" —omit.

(2) Schedule, definition
"high value regrowth vegetation", paragraph (a)—omit, insert —

(a) on freehold land, indigenous land or a lease issued under the Land Act 1994 for agriculture or grazing purposes; and

(3) Schedule, definition
"regrowth watercourse and drainage feature area", ‘Burdekin, Mackay Whitsunday or Wet Tropics’—omit, insert—Burdekin, Burnett-Mary, Eastern Cape York, Fitzroy, Mackay Whitsunday or Wet Tropics

9 Act amended

This part amends the Sustainable Planning Act 2009.

10 Insertion of new ch 10, pt 15

After section 998—

insert—

11 Amendment of sch 1 (Prohibited development)

Schedule 1, table, entry for clearing native vegetation, after item 3—insert—

4	Material change of use that is assessable development, other than development prescribed under section 232(1), if—

12 Act amended

This part amends the Water Act 2000.

13 Amendment of ch 2, pt 4, div 1, hdg (Granting permits for excavating or placing fill in a watercourse, lake or spring)

Chapter 2, part 4, division 1, heading, after ‘permits for’—

insert—

destroying vegetation,

14 Amendment of s 218 (Applying for permit to excavate or place fill in a watercourse, lake or spring)

(1) Section 218, heading, after ‘permit to’—insert—destroy vegetation,

(2) Section 218(1)—omit, insert—

(1) A person may apply to the chief executive for a permit (a
"riverine protection permit") to do any or all of the following activities—

(a) destroy vegetation in a watercourse, lake or spring;

(b) excavate in a watercourse, lake or spring;

(c) place fill in a watercourse, lake or spring.

15 Replacement of s 220 (Criteria for deciding application)

Section 220—

omit, insert—

220 Criteria for deciding application

In deciding whether to grant or refuse the application or what should be the conditions of the riverine protection permit, the chief executive must consider all of the following—

(a) the effects of the proposed activity on water quality;

(b) the quantity of vegetation to be destroyed or material to be excavated or placed;

(c) the type of vegetation to be destroyed or material to be excavated or placed;

(d) the seasonal factors influencing the watercourse, lake or spring from time to time;

(e) the position in the watercourse, lake or spring of the vegetation to be destroyed or the proposed excavation or placing of fill;

(f) the reasons given by the applicant for wishing to carry out the activity;

(g) whether, and to what extent, the activity that the permit would allow may have an adverse effect on the physical integrity of the watercourse, lake or spring;

(h) the implications of granting the permit for the long-term sustainable use of the river systems of Australia, and especially the cumulative effect of granting the application and likely similar applications;

(i) any other matters the chief executive considers to be relevant.

16 Amendment of s 746 (Power to enter land to monitor compliance)

(1) Section 746(2), ‘destroy quarry material’—omit, insert—destroy other resources

(2) Section 746(2)(a), ‘quarry material’—omit, insert—resource

17 Amendment of s 748 (Power to enter land to search for unauthorised activities)

Section 748(1)(c)—

omit, insert—

(c) unauthorised taking, or destruction, of other resources;

18 Amendment of s 814 (Excavating or placing fill without permit)

(1) Section 814, heading, ‘Excavating’—omit, insert—Destroying vegetation, excavating

(2) Section 814(1)—omit, insert—

(1) A person must not do any of the following activities unless the person has a permit under section 221 to carry out the activity—

(a) destroy vegetation in a watercourse, lake or spring;

(b) excavate in a watercourse, lake or spring;

(c) place fill in a watercourse, lake or spring.

(3) Section 814(2), after ‘does not apply to the’—insert—destruction of vegetation,

(4) After section 814(2)—insert—

(2AA) Also, subsection (1) does not apply to the destruction of vegetation—

(a) that is required under a requisition under the Fire and Emergency Services Act 1990, section 69, for reducing the risk of fire; or

(b) that is permitted or required to be carried out under the Electrical Safety Act 2002 or the Electricity Act 1994 to prevent the obstruction of, or interference with, an electric line or the creation of an electrical hazard; or

(c) that happens as a necessary part of works carried out under this Act, other than under a licence, permit or notice; or

(d) that is regrowth (other than mulga or other fodder trees) following destruction of vegetation under a permit given under section 221 less than 2 years previously; or

(e) that has been lawfully planted for woodlot, fodder, agriculture, forestry, garden or horticultural purposes; or

(f) that is necessary to prevent personal injury or property damage or to provide for emergency access.

(5) Section 814(2A), ‘permit under section 269’—omit, insert—riverine protection permit

(6) Section 814(5), definition
"prescribed assessable development", paragraph (b), ‘chapter 2, part 9’—omit, insert—chapter 2, part 5

19 Amendment of sch 4 (Dictionary)

Schedule 4, dictionary, definition
"other resources", ‘riverine vegetation’—

omit, insert—

vegetation in a watercourse, lake or spring

20 Act amended

This part amends the Environmental Offsets Act 2014.

21 Amendment of long title

Long title, ‘significant’—

omit.

22 Amendment of s 3 (Purpose and achievement)

Section 3(1), ‘significant’—omit.

23 Amendment of s 7 (What is an offset condition and an environmental offset)

Section 7(2), ‘significant’—

omit.

24 Amendment of s 8 (What is a significant residual impact)

(1) Section 8, heading, ‘ significant ’—omit.

(2) Section 8(1), ‘ significant residual impact is an adverse impact’—omit, insert—
"residual impact" is an impact

(3) Section 8(1)(b), ‘significant’—omit, insert—adverse

(4) Section 8(2), ‘adverse’—omit.

(5) Section 8(2), ‘significant’—omit, insert—adverse

(6) Section 8(3), ‘significant’—omit.

(7) Section 8(4), ‘adverse’—omit.

(8) Section 8(4), ‘significant’—omit, insert—adverse

(9) Section 8(4)(b), ‘a significant’—omit, insert—an adverse

25 Amendment of s 13 (Content of environmental offsets policy)

Section 13(d), ‘significant’—

omit.

26 Amendment of s 14 (Imposing offset condition)

Section 14(1)(a), ‘significant’—

omit.

27 Amendment of s 16 (Conditions that apply under this Act to authority)

Section 16(1), ‘significant’—

omit.

28 Amendment of s 18 (Electing how to deliver environmental offset)

(1) Section 18(1), ‘significant’—omit.

(2) Section 18(5)(d), ‘significant’—omit.

29 Amendment of s 95 (Application of this Act or existing Act)

Section 95(4)(b), ‘significant’—

omit.

30 Amendment of s 95B (Amendment of existing authorities)

Section 95B(2)(c)(ii), ‘significant’—

omit.

31 Insertion of new pt 11A

After part 11—

insert—

32 Insertion of new pt 13, div 1, hdg

Part 13, before section 94—insert—

Division 1 – Transitional provisions for Act No. 33 of 2014

33 Amendment of s 94 (Definitions for pt 13)

(1) Section 94, heading ‘pt 13’—omit, insert—division

(2) Section 94, ‘part—’omit, insert—division—

34 Insertion of new pt 13, div 2

After section 95B—

insert—

35 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition
"on-site mitigation measure", ‘significant’—omit.

(2) Schedule 2, definition
"significant residual impact", ‘ significant ’—omit.

© State of Queensland 2016