New Laws on Vegetation Clearance

During the campaign for the November 2008 Queensland State Government election, now ensconced Premier Anna Bligh announced that if the Australian Labour Party were re-elected, a moratorium would be placed on the clearing of all native vegetation within 50m of a watercourse in certain areas.  This statement has now been enshrined in the Vegetation Management (Regrowth Clearing Moratorium) Act 2009.

The Act places a moratorium on the clearing of:

• all native vegetation within 50m of a watercourse in priority recatchments of the Wet Tropics, Burdekin and Mackay-Whitsunday Regions; and
• endangered regrowth vegetation in rural areas across the State on freehold and agricultural grazing State leasehold land.

The Act, assented to on 23 April 2009 has a retrospective action and is deemed to have commenced on 8 April 2009.  The moratorium on clearing will therefore be deemed to have commenced on that date and will continue for a period of 3 months until 7 July 2009.

The Act contains an option to extend the moratorium for a further 3 months at the Chief Executive's absolute discretion, and this has been exercised, extending the Act until 7 October 2009.

The specific areas affected are identified in "Moratorium Maps" and "Property Maps of Assessable Vegetation" (PMAV's) prepared by the Department of Environment and Resource Management. The Moratorium Maps can be accessed via the Department's website There is also a guide to interpreting the maps on the site.

No permits to clear such vegetation will be issued during the moratorium period.  Approved Development Applications involving any clearing of native vegetation in areas included in a Moratorium Map will be deemed to have been improperly made.  The Act will prevail over the Integrated Planning Act 1997 (Qld) to the extent of any inconsistency.

Developers may seek an exemption from the actions of the Act from the Chief Executive, however such exemptions will be granted at the Chief Executive's absolute discretion. 

The Supreme Court is deemed not to have jurisdiction to hear appeals against the Chief Executive's decision in relation to including land in a Moratorium Map or PMAV. Appeals against decisions made by the Chief Executive in relation to the granting of exemptions may only be heard by the Magistrates or District Courts.

Hefty fines apply to those caught breaching the provisions of the Act. All developers should carefully check the Act prior to commencing any clearing to ensure compliance with the its provisions. It will be interesting to see if the other States follow suit.