Vegetation Management and Other Legislation …

1 Vegetation Management and Other Legislation Amendment Bill 2018 Report No. 6, 56th Parliament State Development, Natural Resources and Agricultural Industry Development Committee April 2018 Vegetation Management and Other Legislation Amendment Bill 2018 Report No. 6, 56th Parliament State Development, Natural Resources and Agricultural Industry Development Committee April 2018 State Development, Natural Resources and Agricultural Industry Development Committee Chair Mr Chris Whiting MP, Member for Bancroft Deputy Chair Mr Pat Weir MP, Member for Condamine Members Mr David Batt MP, Member for Bundaberg Mr James (Jim) Madden MP, Member for Ipswich West Mr Brent Mickelberg MP, Member for Buderim Ms Jessica (Jess)

2 Pugh MP, Member for Mount Ommaney Committee Secretariat Telephone +61 7 3553 6623 Fax +61 7 3553 6699 Email Technical Scrutiny Secretariat +61 7 3553 6601 Committee webpage Acknowledgements The committee acknowledges the assistance provided by the Department of Natural Resources, Mines and Energy and the Department of Environment and Science. Vegetation Management and Other Legislation Amendment Bill 2018 Contents Abbreviations and Glossary iii Chair s foreword viii Recommendations ix 1 Introduction 1 Role of the committee 1 Inquiry referral and process 1 Submissions 1 Public briefing and hearings 2 Site visit 4 Inquiry material 4 Policy objectives of the Bill 5 Government consultation on the Bill 5 Should the Bill be passed?

3 7 2 Background to the Bill the current Vegetation Management framework 8 3 Examination of the Bill 10 Prohibition on clearing for high-value and irrigated high value agriculture 11 Stakeholder views 12 Department s response 17 Protection of regrowth Vegetation in watercourse areas in Great Barrier Reef catchments extension of Category R area 20 Stakeholder views 20 Department s response 23 Definition of regrowth watercourse and drainage area 25 Protection of high-value regrowth on freehold and indigenous land and occupational licences and to land not cleared for 15 years 27 Stakeholder views 28 Department s response 32 Protection of essential habitat for near-threatened species 35 The essential habitat mapping layer 35 Environmental offsets 36 Stakeholder views 36 Department s response 38 Extension of the riverine protection permit framework 40 Stakeholder views 40 Department s response 42 Compliance measures 44 Stakeholder views and the department s response 45 Voluntary conversion of exempt land for protection and environmental offsets 50 Changes to accepted development

4 Vegetation clearing codes and area Management plans 51 Stakeholder views 53 Area Management Plans 60 i State Development, Natural Resources and Agricultural Industry Development Committee Vegetation Management and Other Legislation Amendment Bill 2018 Transitional arrangements and compensation 63 Stakeholder views 64 Department s response 67 Vegetation mapping and availability of information 69 Mapping accuracy 69 Informational challenges 72 4 Compliance with the Legislative Standards Act 1992 74 Fundamental legislative principles 74 Rights and liberties of individuals 74 Drafting and explanatory notes 80 Clear and precise drafting 80 Explanatory notes 81 Appendix A

5 Submitters 82 Appendix B Form Submissions 104 Appendix C List of witnesses at public departmental briefing 105 Appendix D List of witnesses at public hearings 106 Appendix E Comparative table of previous and proposed offence provisions 111 Appendix F Dissenting Report 113 State Development, Natural Resources and Agricultural Industry Development Committee ii Vegetation Management and Other Legislation Amendment Bill 2018 Abbreviations and Glossary 2016 Bill Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016 Accepted development code Accepted development Vegetation clearing code see Vegetation Management Regulation 2012, s 3.

6 AgForce AgForce Queensland AMP Area Management plan BAMP Baseline area Management plan Bill Vegetation Management and Other Legislation Amendment Bill 2018 Category A area An area which is: a declared area, an offset area, an exchange area, an area that has been subject to unlawful clearing or an enforcement notice, an area subject to clearing as a result of a clearing offence; or an area that the chief executive determines to be Category A see Vegetation Management Act 1999, s 20AL. Category A areas are colour coded red on the regulated Vegetation Management map Category B area An area which is remnant Vegetation or an area the chief executive determines to be Category B see Vegetation Management Act 1999, s 20AM.

7 Category B areas are colour coded blue on the regulated Vegetation Management map. Category C area An area which is high value regrowth Vegetation on leasehold land, being an area that has not been cleared since 31 December 1989 which is also an endangered, of concern, or least concern regional ecosystem. Category C areas may also be Vegetation which the chief executive decides to show as Category C see Vegetation Management Act 1999, s 20AN. Category C areas are colour coded orange on the regulated Vegetation Management map.

8 Category R area An area which is a regrowth watercourse and drainage feature area located within 50 metres of a watercourse located in the Burdekin, Mackay Whitsundays or Wet Tropics catchments identified on the Vegetation Management watercourse and drainage feature map see Vegetation Management Act 1999, s 20 ANA. Category R areas are colour coded pink on the regulated Vegetation Management map. Category X area All areas Other than Category A, B, C and R areas. Some Category X areas are also identified on a property map of assessable Vegetation (PMAV) as locked in.

9 Category X areas are also known as exempt areas as activity in Category X areas is not regulated by the Vegetation Management Act 1999 see Vegetation Management Act 1999, s 20A. iii State Development, Natural Resources and Agricultural Industry Development Committee Vegetation Management and Other Legislation Amendment Bill 2018 Category X areas are coloured coded white on the regulated Vegetation Management map. CEO Chief executive officer Clear ( Vegetation ) To remove, cut down, ringbark, push over, poison or destroy in any way including by burning, flooding or draining; but not including destroying standing Vegetation by stock, or lopping a tree see Vegetation Management Act 1999, Schedule.

10 Code Accepted development Vegetation clearing code see Vegetation Management Regulation 2012, s 3. committee State Development, Natural Resources and Agricultural Industry Development Committee Criminal Code Criminal Code Act 1899 (Qld) CSIRO Commonwealth Scientific and Industrial Research Organisation CYLCAC Cape York Land Council Aboriginal Corporation DA Development approval DES Department of Environment and Science Department/DNRME Department of Natural Resources, Mines and Energy DNRM Department of Natural Resources and Mines DSITI Department of Science.