Queensland Subordinate Legislation as Made

NATURE CONSERVATION AND OTHER LEGISLATION (KOALA PROTECTION) AMENDMENT REGULATION 2020 - REG 33

33 Amendment of sch 24 (Dictionary)

(1) Schedule 24 , definitions
"area of koala habitat value" ,
"area unsuitable for koalas" ,
"assessable development area" ,
"bushland habitat area" ,
"exempted development" ,
"high value rehabilitation habitat area" ,
"identified koala broad-hectare area" ,
"koala assessable development area" ,
"koala habitat area" ,
"koala habitat classification area" ,
"koala habitat tree" ,
"map of assessable development areas" ,
"map of koala habitat values" ,
"medium value rehabilitation habitat area" ,
"non-juvenile koala habitat tree" ,
"priority koala assessable development area" and
"rehabilitation habitat area" —
omit.

(2) Schedule 24 —
insert—

"exempted development" means—

(a) development in a State development area; or

(b) development for a coordinated project; or

(c) development in the area of a development control plan that the old Act, section 857 applies to; or

(d) development for infrastructure stated in schedule 5, if the development is carried out by or for the State or a public sector entity; or

(e) PDA-related development; or

(f) development in a forest reserve under the Nature Conservation Act 1992 ; or

(g) development in any of the following protected areas under the Nature Conservation Act 1992 —

(i) a national park (scientific);

(ii) a national park;

(iii) a national park (Aboriginal land);

(iv) a national park (Torres Strait Islander land);

(v) a national park (Cape York Peninsula Aboriginal land);

(vi) a conservation park;

(vii) a resources reserve;

(viii) a special wildlife reserve; or

(h) development in a State forest or timber reserve under the Forestry Act 1959 ; or

(i) development in a forest entitlement area under the Land Act 1994 ; or

(j) development for public housing; or

(k) development, other than development mentioned in any of paragraphs (a) to (j), that results in a total area on the premises of 500m 2 or less of 1 or more koala habitat areas being cleared of native vegetation since 7 February 2020, disregarding an area cleared of native vegetation if any of paragraphs (l) to (p) applies to the clearing; or

(l) development that is or involves operational work that is the clearing of native vegetation and is accepted development under schedule 7, part 3, section 12 other than clearing for—

(i) the construction or maintenance of a fence, road, track, irrigation channel, contour bank or other linear infrastructure, other than a powerline or drainage and erosion control structure, if the cleared area is more than 5m wide; or

(ii) the construction or maintenance of an airstrip or helipad if the cleared area is more than 500m 2; or

(iii) the construction or maintenance of non-linear infrastructure, other than an airstrip or helipad, in a category B area or category C area if the cleared area is more than 500m 2; or

(iv) an extractive industry, other than clearing for a fence, road, track, irrigation channel, contour bank or other linear infrastructure, in a category C area if the cleared area is more than 500m 2; or

(v) the diversion of a section of a watercourse or drainage feature, within the meaning of the Water Act 2000 , schedule 4, in a way that replicates the section, in a category C area if the cleared area is more than 500m 2; or

(m) development that is or involves operational work that is the clearing of native vegetation in a koala habitat area on prescribed land if the clearing is clearing, or for another activity or matter, stated in—

(i) schedule 21, part 1, section 1(2), (3), (5), (6), (8), (9), (10) or (11); or

(ii) schedule 21, part 1 section 1(15), other than clearing necessary to prevent or minimise damage to the environment; or

(iii) schedule 21, part 1, section 1(16), (17), (18) or (19A); or

(n) development that is or involves operational work that is the clearing of native vegetation in a koala habitat area if the clearing—

(i) is on freehold land and is for a forest practice; or

(ii) is on indigenous land, other than land on which the State owns the trees, and is for a forest practice; or

(iii) is on indigenous land and is gathering, digging or removing forest products for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 62; or

(iv) is on land dedicated as a road under the Land Act 1994 and is stated in schedule 21, part 2, section 5(a)(i) or any of paragraphs (b) to (h) of that section; or

(v) is on land that is trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee, is consistent with achieving the purpose of the trust and is—

(A) to remove non-native vegetation; or

(B) in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or

(vi) is on land that is unallocated State land, is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered and is to control declared pests or non-native vegetation; or

(vii) is necessary for essential management and is qualifying clearing; or

(viii) is necessary for a purpose mentioned in definition
"routine management" , paragraph (c) or (d); or

(o) development on a lot that is or involves operational work that is the clearing of native vegetation in a koala habitat area if—

(i) the clearing is necessary to establish a necessary fence, road or vehicular track on an existing lot; and

(ii) the clearing is qualifying clearing; and

(iii) the vegetation is regulated regrowth vegetation or a least concern regional ecosystem in a category B area; and

(iv) the maximum width of the clearing for the fence, road or track is—

(A) for a lot that is 5ha or less—5m; or

(B) for a lot that is more than 5ha—10m; or

(p) development that is or involves operational work that is the clearing of native vegetation in an area shown on a PMAV as a category X area if—

(i) an application for the PMAV under the Vegetation Management Act 1999 , section 20C was made before 7 February 2020; and

(ii) the clearing—

(A) is qualifying clearing; or

(B) is on land dedicated as a road under the Land Act 1994 and is carried out by a local government, or by or for the chief executive (transport).

"identified koala broad-hectare area" means an area shown on an identified koala broad-hectare area map as an identified koala broad-hectare area.

"interfering with koala habitat" —

(a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way, including by burning, flooding or draining, native vegetation in a koala habitat area; but

(b) does not include destroying standing vegetation by stock, or lopping a tree.

"koala habitat area" see the Nature Conservation (Koala) Conservation Plan 2017 , section 7B(1).

"koala priority area" see the Nature Conservation (Koala) Conservation Plan 2017 , section 7A(1).

"lopping" , a tree, means cutting or pruning its branches, but does not include—

(a) removing its trunk; or

(b) cutting or pruning its branches so severely that it is likely to die.

"non-native vegetation" means vegetation that is not native vegetation.

"qualifying clearing" means clearing of vegetation that—

(a) is on freehold land; or

(b) is on indigenous land; or

(c) is on land leased under the Land Act 1994 for agriculture or grazing purposes; or

(d) is on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or

(e) is on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or

(f) is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or

(g) is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.

"safe koala movement measure" see schedule 11, part 1, section 2.

(3) Schedule 24 , definition
"State development assessment provisions" , ‘1 July 2019’—
omit, insert—
7 February 2020