Permit to destroy vegetation or to excavate or place fill (riverine protection permit) - Queensland

Service summary

Unless the activity is exempt under the guidelines below, this permit is required to:

  • destroy native vegetation in a watercourse, lake or spring
  • excavate in a watercourse, lake or spring
  • place fill in a watercourse, lake or spring.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Exemptions

A riverine protection permit is not required if the activity is:

  • listed as an exemption under section 814(2) of the Water Act 2000 (Qld) or
  • permitted under sections 4951 of the Water Regulation 2002 (Qld), that is, undertaken in accordance with the following guidelines:
  1. activities in a watercourse, lake or spring carried out by an entity exemptions to local governments, government departments and certain government-owned corporations
  2. activities in a watercourse, lake or spring associated with mining operationsguidelines for holders of a mineral development licences or mining leases under the Mineral Resources Act 1989 (Qld)
  3. activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence
  4. activities in a watercourse, lake or spring carried out by a landowner.

Definition of terms

Destruction of vegetation

means the removing, clearing, killing, cutting down, felling, ringbarking, digging up, pushing over, pulling over or poisoning of vegetation.

Fill

means any kind of material in sold form (whether or not naturally occurring) capable of being deposited at a place.

Lake

an intermittent or permanent lagoon, swamp or other natural collection of water. It includes the bed, banks and other elements that confine or contain the water.

Placing of fill in a watercourse, lake or spring

Includes doing something that, in conjunction with other acts (regardless of who does those acts) or happenings (regardless of who, if anyone, causes those happenings) is likely to result in the depositing of fill in a watercourse, lake or spring.

Spring

the land to which the water rises naturally from below the ground and the land over which the water then flows.

Vegetation

means any native plants, and includes any native trees, shrubs, bushes, seedlings, saplings and reshoots.

Watercourse

a watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary in which water flows permanently or intermittently, regardless of the frequency of flow events between the outer banks laterally and between upstream and downstream limits longitudinally. A watercourse can be a natural channel or an artificial channel that has changed the course of the water course, eg a diversion. A watercourse can contain certain elements such as bars, benches and in stream islands.

Eligibility requirements


If the applicant is not the owner of the land wholly containing the length of the watercourse, or the part of the lake or spring, or adjoining the watercourse, lake or spring, where the activity is to take place, you must have the written consent of the land owner/s for the application.

Transferability

This permit cannot be transferred.

Duration

This permit remains in effect for the period specified, unless cancelled before the expiry.

Fees

No fees currently apply.

Other resources

Application

You can apply by submitting a completed application form to your regional office. Further information is available on the Business Queensland website.


Additional information

Before any destruction of vegetation, can be conducted, a development permit under the Sustainable Planning Act 2009 may be required for clearing the vegetation.

A development permit, where necessary, will need to be applied for separately from the Riverine protection permit.

Administering agency

Department of Natural Resources and Mines
Service Delivery
Water Services Support, Regional Support

Act(s) name

Water Act 2000 (Queensland)

Contact details

Department of Natural Resources and Mines
Service Delivery
Water Services Support, Regional Support

Phone:

13 QGOV (13 74 68)

Website:

Department of Natural Resources and Mines contact list Opens in a new browser window

Supporting information

Disclaimer

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