Monday 27 June 2016

Ag-Grow Emerald Vegetation Information Session

Ag-Grow Emerald Vegetation Information Session

Ag-Grow Emerald Information Session


Energy, Environment & Agribusiness Partner Melanie Findlay will be at Ag-Grow Emerald from Thursday 7 to Saturday 9 July 2016. Sessions will be held at 10am, 12 noon and 2pm daily.

In conjunction with Ecosure, Melanie will be conducting an information session to inform graziers and landowners of the current vegetation and land clearing laws, the impacts of the SLATS data, what to do if you have illegally cleared and your property is currently under investigation and how to apply for a retrospective clearing permit (additional information is below).

There is also an opportunity to have a topic of your choosing included in this session when you RSVP.

What else would you like information on?
  • Environmental/vegetation offsets
  • Work place health and safety
  • Wills and succession planning
  • Biosecurity/weed management plans
  • Vegetation law/protected plants (trigger mapping)
  • Carbon farming and carbon projects


RSVP ESSENTIAL to Emma Kime on 07 4927 6333 or emmak@reesjones.com.au

Vegetation and Land Clearing Release of Qld Government Data


Earlier this year, the Queensland Government publicly released their Statewide Landcover and Trees Study (SLATS) data for the 2012 – 2014 period.

The purpose of the Statewide Landcover and Trees Study (SLATS) is to monitor Queensland's forests and woodlands to assess vegetation extent and clearing activities.

In conjunction with Ecosure Pty Ltd, Rees R & Sydney Jones Solicitors has conducted inquires and identified areas in Queensland where vegetation and land clearing has occurred.

We are aware that the Department of Natural Resources and Mines on behalf of the Queensland Government will now be in the process of investigating all properties located on the SLATS 2012 – 2014 maps to determine whether vegetation and land clearing was authorised or illegal.

In particular with reference to the SLATS 2012 – 2014 maps, we note that:-
  • Properties covered in darker red and showing higher levels of clearing (500 + hectares) will be the listed for priority investigation by the Department of Natural Resources and Mines; and,
  • Properties covered yellow and orange with less levels of clearing will be subject to investigations by the Department of Natural Resources and Mines in due course.



Friday 24 June 2016

Qld Government Mining Lease Application Notices at at 21 June 2016


Each week, our Landowner Lawyer shares the Queensland Government Mining Lease Application Notices.

Details of current mining lease applications: Mining Notices as at 21 June 2016.

According to Queensland law, anyone can object to a mining lease application or current environmental authority application for a mining lease. The objection period is a minimum of 20 business days. Make sure your objection is lodged by 4.30 pm on the last day of objections.

If you believe you are affected by a mining lease application or if you would like further information, please contact our Energy, Environment & Agribusiness team on 07 4927 6333 or at enquire@reesjones.com.au.


Mt Coolon Hotel Vegetation & Land Clearing Information Session

Mt Coolon Hotel Information Session


Energy, Environment & Agribusiness Partner Melanie Findlay will be at an AgForce hosted event Wednesday 13 July from 10am at the Mt Coolon Hotel, Mt Coolon.

In conjunction with Ecosure, Melanie will be conducting an information session to inform graziers and landowners of the current vegetation and land clearing laws, the impacts of the SLATS data, what to do if you have illegally cleared and your property is currently under investigation and how to apply for a retrospective clearing permit (additional information is below).

There is also an opportunity to have a topic of your choosing included in this session when you RSVP.

What else would you like information on?
  • Environmental/vegetation offsets
  • Work place health and safety
  • Wills and succession planning
  • Biosecurity/weed management plans
  • Vegetation law/protected plants (trigger mapping)
  • Carbon farming and carbon projects

RSVP ESSENTIAL to Emma Kime on 07 4927 6333 or emmak@reesjones.com.au

Vegetation and Land Clearing Release of Qld Government Data


Earlier this year, the Queensland Government publicly released their Statewide Landcover and Trees Study (SLATS) data for the 2012 – 2014 period.

The purpose of the Statewide Landcover and Trees Study (SLATS) is to monitor Queensland's forests and woodlands to assess vegetation extent and clearing activities.

In conjunction with Ecosure Pty Ltd, Rees R & Sydney Jones Solicitors has conducted inquires and identified areas in Queensland where vegetation and land clearing has occurred.

We are aware that the Department of Natural Resources and Mines on behalf of the Queensland Government will now be in the process of investigating all properties located on the SLATS 2012 – 2014 maps to determine whether vegetation and land clearing was authorised or illegal.

In particular with reference to the SLATS 2012 – 2014 maps, we note that:-
  • Properties covered in darker red and showing higher levels of clearing (500 + hectares) will be the listed for priority investigation by the Department of Natural Resources and Mines; and,
  • Properties covered yellow and orange with less levels of clearing will be subject to investigations by the Department of Natural Resources and Mines in due course.

Vegetation Clearing Regrowth Laws in Queensland


Vegetation Clearing Regrowth Laws in Queensland

by Geoffrey Sinclair, Senior Botanist, ecosure


Overview of regrowth laws

On the 17 March 2016, the government introduced the Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016, which is currently being considered through the parliamentary committee process.

One of the amendments proposed by the bill is the reintroduction of high value regrowth on freehold land (Category C), and regrowth vegetation on watercourse areas (Category R) for Great Barrier Reef Catchments.

To see if your property is being affected by the proposed regrowth laws, you can obtain a map of at the following website

The laws governing the proposed regrowth laws have not passed parliament, and are not likely to be decided until August or later this year. However, if it has been decided that the proposed regrowth laws will apply to any clearing/applications that occur after then 17 March 2016.

It is therefore important that before you do any clearing of vegetation, that check to see if your property is affected by the proposed regrowth laws.

For clearing of proposed regrowth that occurred prior to 17 March 2016

There is no requirements for clearing of proposed regrowth areas that occurred prior to the 17 March 2016.

For clearing of proposed regrowth area after the 17 March 2016

Any clearing of proposed regrowth currently or post 17 March 2016 should:
  • Be a clearing exemption, or
  • Meet the self-assessable code for management Category C regrowth (for Category C areas)
  • Meet the self-assessable code for management Category R regrowth (for Category R areas)
You are required to notify the department of Natural Resources and Mines if clearing under a self-assessable code. The department has an automated notification process that you can use., however this system may not work for some tenures and you will need to contact the Department directly if this is the case.

Copies of clearing exemptions are available at

Copies of the self-assessable codes are available at

Errors in the proposed regrowth areas? 

The proposed regrowth areas were not ground checked, and were derived from a satellite image analysis, where basically all areas that had not been cleared in the last 20 years and contained vegetation were mapped as regrowth areas.

This approach has resulted in many errors in identifying regrowth area, in particular it includes many areas of thick grass or orchards that have not been cleared in the past 20 years.

These errors can be fixed using the department’s PMAV process, which is a fairly simply process if the area is devoid of trees or is an orchard. There may be potential for the department to accept these PMAV applications without a fee.

The other thing to be aware of is that the proposed regrowth areas are probably going to be further refined before they are finalised, so some of the errors may be fixed automatically.

What if I have cleared regrowth vegetation after the 17 March 2016?
If the vegetation reinstatement bill is not passed, then nothing will happen.

If the vegetation reinstatement bill is passed, then you may be required to restore the area (as in allow to regrow or plant), and potentially add additional areas.


What about PMAV applications (application to change the vegetation)?

PMAV applications that were submitted prior to the 17 March 2016 will be assessed under normal processes.

PMAV applications that were submitted after 17 March 2016 and do not contain any proposed regrowth vegetation will also be assessed under normal processes.

For PMAV applications that were submitted after the 17 March and do contain proposed regrowth vegetation, the department has identified that they will discuss the issue with the applicant, in general:
  • The department is likely to assess PMAV applications in which all the proposed regrowth on the lot is mapped incorrectly.
  • If parts of the lot are regrowth, it is likely that the department will have to delay processing the PMAV until the laws have been finalised, or come to another agreement with the applicant.

Geoffrey Sinclair can be contacted on (07) 4994 1000

Rookwood Weir - Additional Information


Additional Information to the Draft Environmental Impact Statement


The Gladstone Area Water Board and SunWater Limited have prepared additional information to the draft environmental impact statement (AEIS) for the Lower Fitzroy River Infrastructure Project.

You can view this information here.

You are able to make a submission to the AEIS here. Submissions close at 5pm on 27 June 2016.

If you would like any further information or assistance with a submission, contact Melanie Findlay on (07) 4927 6333.

Rookwood Weir Funding Update Sessions




Melanie Findlay was asked to speak to landowners affected by the Rookwood Weir at two AgForce organised sessions this week. They were held at Duaringa for landowners affected by the proposed Rookwood Weir site and Alton Downs for those affected by the Eden Bann raising. There were representatives from Agforce, Sunwater, GAWB and the Lower Fitzroy Infrastructure Project EIS Project Team also in attendance. Lachlan Miller MP also popped in for a chat at the Alton Downs meeting.

Melanie said

“The sessions were well attended and received. It was good to see more communication being received by affected landowners. As well as being concerned about impending easement resumptions, landowners were particularly concerned about the price of water once the infrastructure is built.”

The Additional Information Statement Project was released in May and submissions in regard to this are open until 27 June 2016. Geraldine Squires from the project team invited landowners to update their contact details with the project team and to make submissions if they so wished. She also advised attendees about the contents of previous submissions and landowner concerns that had already been received.

The most stressful or pressing question that a property owner has when they are affected by an impending resumption is:-

“What do I do with my property in the meantime. Do I develop it and continue to invest in my land or what do I do whilst in limbo?”

Melanie Findlay advised attendees that you cannot put your life on hold. The date of the resumption is the date which a Valuer will use to value your property. If you do not continue to work and use your property as you normally would, then that value will be lower. These projects have been on the cards for some years and you cannot simply sit on your hands and wait for the resumption notice to come. Project dates change, extend and move. Carry on with your life, keep a diary of what the project employees say and do over the years. There are also hardship provisions under the Acquisition of Land Act which can be used in certain circumstances.

If you wish to hear more about the process for the Weirs, contact Melanie Findlay on (07) 4927 6333 or enquire@reesjones.com.au.