Client Update: New vegetation clearing restrictions in Queensland
24 April 2009
In brief: The Queensland Government has announced a moratorium restricting the clearing of endangered regrowth vegetation and certain riparian regrowth vegetation for up to six months from 8 April 2009, and legislation to give it legal effect was introduced into Parliament on 22 April. It is expected that this is a precursor to ongoing regulation of endangered regrowth and riparian vegetation. Partner Bill McCredie (view CV) and Senior Associate Simon Batten report.
The Vegetation Management (Regrowth Clearing Moratorium) Bill 2009 was introduced into Queensland Parliament yesterday. The Bill sets out the restrictions on the clearing of endangered regrowth vegetation or riparian regrowth vegetation. Riparian regrowth vegetation is selected vegetation located within 50 metres of certain watercourses in the Burdekin, Mackay, Whitsunday and Wet Tropics catchments. It is estimated that up to 1,000,000 hectares of vegetation across the state will be affected.
Maps indicating the extent of vegetation subject to the moratorium and the relevant watercourses are available on the Department of Environment and Resource Management website. 'Endangered Regrowth' vegetation is regrowth vegetation that is an endangered regional ecosystem shown on a 'Moratorium Map'. There is no provision allowing for challenges to the mapping underpinning the moratorium. Landholders and developers should consult the moratorium maps to determine the extent of any endangered regrowth or riparian regrowth vegetation on their land, as well as any effect the moratorium will have on their activities or projects.
The moratorium foreshadows a likely major change to vegetation clearing laws in Queensland, which may impose long-term restrictions on the clearing of endangered regrowth and riparian regrowth vegetation.
The legislation seeks to have retrospective application to 8 April 2009, so as to coincide with the Queensland Government's public announcement. The moratorium is expected to last until 7 July 2009, although it may be extended for a further three months.
Under the moratorium, it will be an offence to clear endangered regrowth or riparian regrowth vegetation, except in accordance with an exemption or a development permit under the Integrated Planning Act 1997 (Qld). Previously, the clearing of non-remnant vegetation (including regrowth) did not, in most cases, require a development permit.
During the moratorium period, no development applications to clear subject vegetation will be accepted for assessment. Assessment of existing applications will also be affected and referral agency responses may be suspended.
The existing exemptions for clearing vegetation are largely unaffected and will apply to subject vegetation. However, importantly, the exemption of relying on a development approval for a material change of use or reconfiguration of a lot for which the Department of Environment and Resource Management (previously the Department of Natural Resources and Water) was involved as a concurrence agency will not apply in relation to the clearing of moratorium vegetation. This has the potential to lead to delays in assessment and approval, and may create uncertainty for certain approved developments or projects.
The Bill makes provision for case-by-case exemptions for clearing to be applied for during the moratorium period, particularly for projects of state interest.
It is expected that consultation to amend vegetation clearing laws will take place during the moratorium period, and interested parties should remain alert to opportunities to participate and contribute to this process.
Published 24 April 2009
For further information, please contact:
- Bill McCrediePartner,
Brisbane
Ph: +61 7 3334 3049
Bill.McCredie@aar.com.au - Jim ParkerPartner,
Sydney
Ph: +61 2 9230 4362
Jim.Parker@aar.com.au - Chris SchulzPartner,
Melbourne
Ph: +61 3 9613 8772
Chris.Schulz@aar.com.au - Robyn GlindemannSpecial Counsel,
Perth
Ph: +61 8 9488 3712
Robyn.Glindemann@aar.com.au
