11 December 2019
With an unprecedented bushfire season upon us, much of the country blanketed by thick smoke, and weather conditions not improving, the clearing of vegetation for fire management activities has never been more topical.
The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) commenced on 6 December 2019, providing much needed clarification to the regime around approvals for vegetation clearing in Queensland.
The regime for vegetation clearing in the Planning Act 2016 (Qld) and the Planning Regulation 2017 (Planning Regulation) is highly complex and multi-layered. The new amendments implemented by the Queensland Government provide clarity by inserting a new section 20A into Schedule 6 Part 3, and a new section 13 in Schedule 7 of the Planning Regulation.
The amendments make it clear that operational work for native vegetation clearing is accepted development and does not require a development permit where the clearing:
The wording of these exceptions is consistent with parts (a) and (b) of the definition of ‘essential management’ in the current Planning Regulation.
The amendments also make clear that operational work that fits into the above categories cannot be made assessable development by a local planning scheme. The changes should provide increased certainty for landholders looking to clear their land for these purposes, particularly in light of the current bushfires throughout the State.
The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.