News

Sustainable Planning Act 2009

Changes to the Exemptions for Native Vegetation Clearing

Great tropical drive Queensland, Tourism Queensland
Great tropical drive Queensland, Tourism Queensland

The Sustainable Planning Regulation 2009 makes the clearing of native vegetation “assessable development” under the Sustainable Planning Act 2009 (SP Act). However, there are certain circumstances allowed where the clearing of native vegetation is not assessable under the SP Act, in effect an exemption.

Current exemptions cover a range of routine management and project related clearing. One such exemption applies to the clearing of native vegetation along State-controlled roads and future State-controlled roads and for routine transport corridor management on rail, non-rail and commercial land.

An amendment to the Sustainable Planning Regulations' will come into effect on 1 September 2015

 

Changes include:

  • An amendment to the SP Regulations will replace the above exemption with a more general exemption for government supported transport infrastructure. This change alleviates any confusion surrounding which activities for road or rail construction or maintenance are exempt from requiring a permit to clear vegetation.

 

  • The amendment to the SP Regulations also clarifies and tightens up the exemption for clearing for community infrastructure. The amendment now specifies that for the exemption to apply, the land must have a community infrastructure designation in place.

The impacts on industry and Government departments include:

  • the change to government supported transport infrastructure reduces the potential confusion around the use of specific terms; and
  • the change to designated land for community infrastructure clarifies how this exemption applies to land and proposed use
 

Like to know more about the proposed amendments?

Contact us on 07-3221-3352 (Brisbane office) or enquire@ehpartners.com.au 





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