Vegetation Management Act 1999 – 8 November 2016
Vegetation Management Act 1999 – 8 November 2016
Vegetation Management Regulation 2012 – 1 July 2015
Quick to view summary
The owner of land may, by written notice, ask the government 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. Note: The notice must be accompanied by a management plan for the stated area, stating among other matters, the activities the owner intends to carry out, or refrain from carrying out, to achieve management outcomes. If the declaration is made, the applicable regional vegetation management code for the area applies as the code for the clearing of vegetation in the area. In addition, the management plan takes effect and is binding on each person who has an interest in the land and on each person who is from time to time the owner of the land.
- Sections 19E, 19F, 19G, 19H, 19J, 19K, 19L
If a self-assessable vegetation clearing code applies to the clearing of vegetation or the conduct of a native forest practice, the activity is self-assessable development but only if it is carried out in compliance with the code. To comply with the code, a relevant person may need to provide notice to the government.
- Sections 5, 19O, 19P, 19Q, 19R, Schedule; Regulation 3
An owner of land may apply in the approved form to the government for the making of a property map of assessable vegetation (PMAV) for the land or part of the land. A PMAV is a map showing the vegetation category area for the area. For the definition of ‘vegetation category area’, refer to section 20AKA of the Act.
- Sections 20AK, 20AKA, 20C, 20CA, 20F; Regulation 9
An entity or a group of entities may apply in the approved form to the government to approve a draft area management plan or accredit an existing planning document for an area. Note: The application must be accompanied by either the draft plan or a copy of the existing planning document. For approval/accreditation to be granted, the plan or document must state: (i) the management intent and management outcomes for vegetation management in the proposed area; and (ii) the conditions for clearing vegetation in the proposed area to achieve the management outcomes.
- Sections 5, 9, 20K, 20M, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20Z, Schedule
A property vegetation management plan is a mandatory requirement for a vegetation clearing application (as defined in the Schedule). The matters to be included in a property vegetation management plan to which a vegetation clearing application relates are set out in regulation 11 of the Vegetation Management Regulation 2012. Additional information may be included in the plan if the applicant considers it may assist in the assessment of the application.
- Sections 5, 7, 8, 21, 22, 22A, 22DA, Schedule; Regulation 11
If a vegetation clearing application for particular land is for high value agriculture clearing or irrigated high value agriculture clearing, the application must be accompanied by a development plan.
- Sections 5, 22DAA, 22DAB, 22DAC, Schedule
The government may refuse a vegetation clearing application where the applicant/owner of land has been convicted of a vegetation clearing offence in the 5 years prior to the application.
- Sections 5, 22M, Schedule
If land subject to a (vegetation clearing) restoration notice is transferred to a new owner, there is an automatic transfer of the notice and any outstanding liability. Note: A restoration plan may be in existence and if so, would in addition, need to be complied with by the new owner.
- Sections 54B, 55, 55A, 55AA, 55AB, 55AC, 55AF
Reason for law
To regulate the clearing of vegetation in a way that conserves remnant vegetation. (Section 3)
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