Vegetation Clearing Management

CLEARING FOR NECESSARY INFRASTRUCTURE AND ROUTINE MANAGEMENT


PROBLEM

Clearing for Necessary Infrastructure and Routine Management (Clearing Management)

18 May 2018, Queensland changed the law in relation to Clearing Management on rural land.

DNRME may impose severe penalties for clearing vegetation undertaken without the proper authority.

SOLUTION

“routine management, for clearing native vegetation on land, means the clearing of native vegetation:

(a) to establish a necessary fence, road or vehicular track, if the maximum width of the clearing for the fence, road or track is 10m; or

(b) to build necessary built infrastructure, including core airport infrastructure, other than contour banks, fences, roads or vehicular tracks, if:

(i) the clearing is not to source construction timber; and

(ii) the total area cleared is less than 2ha; and

(iii) the total area covered by the infrastructure is less than 2ha; or

(c) on freehold land by the owner of the land to source construction timber for establishing necessary infrastructure on any land of the owner, if—

(i) the clearing does not cause land degradation; and

(ii) restoration of a similar type to, and to the extent of the removed trees, is ensured; or

(d) by the lessee of land leased under the Land Act for agriculture or grazing purposes to source construction timber, other than commercial timber, for establishing necessary infrastructure on the land, if—

(i) the clearing does not cause land degradation; and

(ii) restoration of a similar type to, and to the extent of the removed trees, is ensured.”

Section 22A of the VMA provides that Clearing Management requires a Relevant Purpose Determination (RPD).

VMA Section 22A Application

Should you determine Clearing Management is required, RPD must be applied for in accord with Section 22A of the VMA and approved prior to Clearing Management commencing.

https://www.dnrme.qld.gov.au/__data/assets/pdf_file/0003/1395201/relevant-purpose-determination-application-form.pdf

Following the approval from the chief executive of the VMA, Clearing Management is exempt from a Development Application under the Planning Regulation 2017.

Landowner will be required to complete and deliver to the DNRME, “Notification of intention to clear under the Managing clearing for necessary property infrastructure accepted development vegetation clearing code.”

https://www.dnrm.qld.gov.au/__data/assets/pdf_file/0003/385149/necessary-property-infrastructure.pdf

Following notification from the DNRME, Landowner may undertake Clearing Management in line with the Self Assessable Code for Clearing for Necessary Property infrastructure.

https://publications.qld.gov.au/dataset/self-assessable-vegetation-clearing-codes/resource/0e4c101c-0538-46ff-bfd9-3d3a3a8950a4

Emanate Legal and Base Consulting Group can assist in any applications or with any queries you have in regard to Clearing Vegetation for Necessary Infrastructure and Routine Management.

Should this be of interest to you, would you please feel free to contact Emanate Legal 0747270100, for an obligation free discussion in relation to the above.