A vegetation clearing permit is required to carry out operational work that is clearing of native vegetation on freehold, indigenous and State land made assessable by Schedule 3 of the Sustainable Planning Regulation 2009 (SPR).
For a list of types of vegetation clearing that does not require this permit see the Guide to exemptions under the vegetation management framework.
Natural Resources and Mines is also a concurrence agency for material changes of use and reconfiguring a lot applications that involve assessable vegetation.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
Definition of terms
Is a native tree or plant other than the following:
grass or non woody herbage
a plant within a grassland regional ecosystem prescribed under a regulation
Under Section 22A of the Vegetation Management Act (VMA), an application for operational work, including applications, where Natural Resources and Mines is a concurrency agency cannot be accepted as properly made unless the chief executive is satisfied that the development is for a relevant purpose.
Applicants should indicate how the proposed clearing addresses every component of the relevant purpose listed in S22A(2)of the VMA prior to preparing the application, applicants should discuss the proposed clearing with a vegetation management officer.
A permit can not be transferred. However, under section 3.5.28(1) of the Sustainable Planning Act 2009, the development approval attaches to the land the subject of the application and binds the owner, the owners successors in title and any occupier of the land. For example, a change of ownership of the land would not affect the validity of a development approval.
Vegetation clearing development approvals have a term of 2-5 years. Local government determines the term of material change of use and reconfiguration of a lot approvals.
You can obtain information on fees on the NRM website www.nrm.qld.gov.au and in the Vegetation Management Regulation 2000.
Businesses to which this regulatory authority may apply:
- timber cutters
- sawmill operators
- tree loping contractors
- operators and owners of water resource infrastructure
- state government agencies
- primary producers
- communications companies
- property developers
- mining operators
- local governments
- energy supply companies.
The department advises landholders to check with their regional office regarding whether they require a permit for any proposed native vegetation clearing. A landholders' guide to vegetation clearing applications is currently available on the department's website.
Before clearing under any exemption, landholders should check-
- that there are no other legislative requirements (e.g. local government laws); and
- that there are no conditions associated with any permit attached to the land that will bind the owner, the owners successors in title and any occupier of the land.
(e.g. A development permit under the SPA was received in 2000 specifying that clearing does not occur within 100m of a certain watercourse. While the permit may have expired the condition requiring no clearing within 100m of that watercourse will remain).
Department of Natural Resources and Mines
Water and Ecosystem Outcomes
Vegetation Management Act 1999 (Queensland)
Vegetation Management Regulation 2012 (Queensland)
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