Tree clearing laws fail to pass Parliament

ABC News: Queensland tree clearing laws fail to pass Parliament in blow to minority Labor Government by Gail Burke.

Calliope Vegetation Management

Our friends at Capricornia Catchments Inc. are hosting a Vegetation Management Information Session in Calliope on Wednesday 27 July 2016.

Landowner Lawyer, Melanie Findlay will join ecosure's Senior Botanist, Geoffrey Sinclair to discuss the existing Vegetation Management Act, the proposed changes and how they may affect you.

This is what Capricornia Catchments Inc. has to say about the information session:

On 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 (Cat. C) and regrowth vegetation on watercourse areas (Cat. R) for Great Barrier Reef Catchments.

Geoffrey Sinclaire, Ecosure will bring his understanding of the existing Vegetation Management Act, and the proposed changes and how they can affect your business. Bring your lot and plan details he will be able to identify specific issues to your property.

Melanie Findlay, Rees R and Sydney Jones, will clarify some of the legal implications of vegetation management that currently exist and may arise from the proposed changes.

The Central Bowls Club is located at 21 Drynan Drive, Calliope.

You can book for this event via the Capricornia Catchments Inc. Website  or by contacting Janeen Whiting at Capricornia Catchments Inc. on 07 4921 0573 or admin@capcatchments.org.au.

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

https://www.dnrm.qld.gov.au/qld/environment/land/vegetation/vegetation-map-request-form

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

https://www.qld.gov.au/environment/land/vegetation/exemptions/

Copies of the self-assessable codes are available at

https://www.qld.gov.au/environment/land/vegetation/codes/

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

Vegetation Offsets: a means of generating additional income while effectively managing your land.

All too often these days, landowners are being approached by resource companies seeking access to conduct activities that may disturb the landholder's grazing or farming enterprise possibly having a lasting negative impact on the land.  Recently, however, we have been assisting some landowners to enter into a new type of arrangement with resource and infrastructure companies that compensate landholders for managing the vegetation on their land. The companies engage landowners to manage the vegetation on their land in accordance with a vegetation management plan.

If your land contains quality regrowth or remnant vegetation, offsets may prove beneficial to your enterprise. Generally, areas suitable for offsets need to:

1. be larger than two hectares in size;
2. adjoin existing remnant vegetation; and
3. contain minimal weeds.

Under the Law, companies undertaking an offset project are required to secure their offset.  To do so, they will seek to enter into a legal agreement with the owner of the land on which suitable vegetation is to be preserved and managed.   In order to establish an offset area, a resource company will require security for the offset, usually by way of registration of a voluntary declaration on title. Furthermore, for the term of the agreement there will be restrictions on how you use your land.

For advice or information on vegetation offsets or for the review of any documentation, please contact Sarah Bell or Andrew Palmer at Rees R & Sydney Jones Solicitors on (07) 4927 6333.