Protecting our environment in Qld

Vegetation management laws were changed in May 2018, reinstating vegetation management controls repealed in 2013. The laws increase protection for high-value regrowth and remnant vegetation and boost protection for important habitats, including waterways.

The Vegetation Management and Other Legislation Amendment Act 2018 (Qld) amends the Vegetation Management Act 1999 (Qld) (VMA), Planning Act 2016 (Qld) (Planning Act) and the Water Act 2000 (Qld) (Water Act).

High Value Regrowth Vegetation (Category C vegetation) now applies Category C to vegetation on freehold land, as well as indigenous land that has not been cleared for at least 15 years (since May 2003). The Act removes high value agriculture and irrigated high value agriculture as a relevant purpose under the VMA (and accordingly, the ability to lodge development applications which propose the clearing of such land is removed).

Clearing in these areas is prohibited from commencing without landholders first notifying the Department of Natural Resources, Mines and Energy (DNRME) prior to the commencement of clearing in Category C. The interim vegetation code for managing thickened vegetation has been removed. Landholders wishing to manage thickened vegetation on their property need to apply for development approval.

DNRME has made widely available, at no, or little charge, all the information required by landholders to ensure they undertake clearing in accordance with the amended vegetation management laws.

The responsible Minister is Hon Dr Anthony Lynham the member for Stafford.

New tools and products have been developed to further assist landholders in applying the laws correctly.

High value regrowth vegetation is defined as native woody vegetation that has not been cleared since 31 December 1989, and forms an endangered, of concern or least concern regional ecosystem. High value regrowth vegetation is shown as a category C area on the regulated vegetation management map.

The Queensland Government intends to further align high value regrowth with High Conservation Values by amending the definition of protected wildlife for the regulation of essential habitat to include habitat for near-threatened wildlife species, for both remnant and high value regrowth vegetation. There is regulation of essential habitat for near threatened wildlife on the proposed essential habitat map.

Essential habitat is defined by the VMA as the habitat of endangered, vulnerable or near-threatened wildlife (protected wildlife) prescribed under the Nature Conservation Act 1992 and Nature Conservation (Administration) Regulation 2017 .

See too:

Nature Conservation (Koala) Conservation Plan 2017

Nature Conservation (Protected Areas) Regulation 1994

Nature Conservation (Protected Areas Management) Regulation 2017

Nature Conservation (Wildlife) Regulation 2006

Nature Conservation (Wildlife Management) Regulation 2006

Nature Conservation (Macropod) Conservation Plan 2017

Note that legislation is administered by the Department of Environment and Science (DES)

The responsible Minister is Hon Leeane Enoch the member for Algester.

Essential habitat is important for biodiversity and is protected under the VMA.

Essential habitat is shown on the vegetation management supporting maps.

The mapping relies on information sourced by a number of different government and non-government agencies and experts.

Essential habitat is mapped over areas of vegetation that are likely to contain either:

? three or more essential habitat factors 3 or

? the relevant species at any stage of its life cycle.

The maps help to identify the essential habitat so that clearing of vegetation may be managed to prevent the loss of biodiversity.

When you request a property report for your lot, essential habitat for protected wildlife will include suitable habitat on the lot, or where a species has been known to occur up to 1.1 km from the sighting.

The following information is included in a vegetation management property report to help you identify essential habitat:

? Section 3.5 provides information on how essential habitat is calculated and if it has been identified on the lot.

? Table 6 in section 3.5 provides information about the protected wildlife species captured by the essential habitat areas on the lot.

? The vegetation supporting map in section 5.2 shows any essential habitat on the lot as blue hatching.

If you have identified essential habitat on your property you cannot clear it unless the clearing is exempt, you have a development approval authorising the clearing, or the clearing is authorised in accordance with a code.

Guidance is provided in Part 7 of the General Guide to Vegetation Clearing Codes if you are required to legally secure an exchange area in order to clear in essential habitat for a category C area or a category R area.  

All codes contain soil and water quality protections to avoid potential land degradation and its secondary impacts. The primary land degradation issues dealt with by the codes are:

? soil erosion and instability

? salinity

? acid sulfate soils. 

Soil erosion and instability is defined in the codes as the occurrence of gully erosion greater than 30 centimetres in depth, landslips, a scarp, soil scalding or stream-bank slumping. Landslips are normally obvious where the earth slides away from an adjacent piece of earth, sometimes with only minor movement. A scarp is a steep bank or slope resulting from movement of adjacent earth. 

Soil scalding is an area bare of vegetation due to extremely adverse growing conditions, such as loss of topsoil and/or being too salty or acidic. The codes require that for areas subject to clearing, ‘recognised best practice methods’ must be employed to:

? prevent increased soil erosion and instability

? stabilise any soil erosion and instability caused by clearing

? prevent increased sediment run-off entering a wetlands, watercourse or drainage feature. ‘Recognised best practice methods’ may include activities such as clearing methods, stock management strategies, timing, revegetation and infrastructure location.

Further options and details on recognised best practice methods can be obtained from a range of sources, including federal, state and local government publications.

The Soil conservation guidelines for Queensland (3rd edition)—download the guide at www.qld.gov.au (search ‘soil conservation guidelines for Queensland’) describe a range of things to consider in the management of your land to prevent and rectify soil erosion and instability from clearing activities. They include: ? slope of the land cleared ? placement of access tracks ? maintenance and growth of vegetative ground cover ? grazing pressure ? working along the contour ? control of stock access ? species selection ? fence locations ? off-stream watering points ? preventing run-off water from concentrating.

Care must be taken to ensure that clearing does not expose subsoils that are highly erodible and prone to deep or extensive gullying. Such subsoils can also develop tunnel erosion beneath the surface if water flow is able to penetrate into the subsoil. 

Regional ecosystems (REs) are vegetation communities that are consistently associated with a particular combination of geology, landform and soil in a bioregion. REs are shown on the vegetation management supporting map.

Using a combination of satellite imagery, aerial photography and on-ground investigation, the Queensland Herbarium has mapped the remnant extent of REs for much of the state.4 Each RE has been assigned a vegetation management status based on its current remnant extent—that is, how much of it remains in a bioregion. Queensland has been divided into 13 bioregions, each of which represents a broad landscape pattern that is the result of the interplay between factors including geology, climate and biota. Within each bioregion, there are a number of REs that make up the diversity of landscapes across the region.

As each bioregion is different in nature, the vegetation management requirements under the framework differ.

Regional ecosystem mapping can also be viewed through the Queensland Globe at www.qld.gov.au (search ‘Queensland Globe’).

A full description of each ecosystem is available on the Regional Ecosystem Description Database—download the database at www.qld.gov.au (search for ‘regional ecosystem description database’).

Each identified area on the map is called a polygon. Each polygon is labelled with a three-number code identifying the RE:

? The first number indicates the bioregion in which the RE is situated.

? The second number refers to the land zone in which the ecosystem occurs.

? The third number refers to the specific ecosystem and denotes vegetation type.

These maps are displayed as layers on the vegetation management support map.

To request a map, use the online request form at: www.qld.gov.au (search ‘vegetation management maps’). You can also view the layers on ‘Queensland Globe’** at www.qld.gov.au (search ‘Queensland Globe’).

When implementing the codes on the ground, you are likely to need more detail than is shown on the certified map. For example, if the requirement is ‘no mechanical clearing within 20 metres of a wetland’, you will need to determine the edge of the wetland from on-ground observations rather than using the map.

You will still need to understand and apply the written definitions from the VMA below. You can request a property report from the government if you feel your land may be covered by the legislation https://www.qld.gov.au/environment/land/management/vegetation/clearing-codes/request-property-report

For us in Brisbane and Gold Coast, we are in the bioregion of the Southeast Queensland (SEQ)

If you have any questions about the laws:

• call 135 VEG (135 834),
• email [email protected] or
• visit your local business centre.

New codes were introduced in June 2019.

See generally General Guide to Vegetation Clearing Codes June 2019 for Qld landholders. Codes, guides and self-audit sheets are available at on the accepted development vegetation clearing codes webpage 

**The Queensland Globe provides an online interactive experience to view Queensland’s location based information. https://qldglobe.information.qld.gov.au/ Just zoom into your area and then toggle layers on left and add layer like 'Environment'by clicking box then go to right side of screen and click legend o see what colours mean. see video tutorials https://qldglobe.information.qld.gov.au/help-info/

See too Nature Conservation (Koala) Conservation Plan 2017

You may also have duty of care responsibilities under the Nature Conservation Act 1992 and the Animal Care and Protection Act 2001 to take reasonable measures to avoid or protect wild animals and their breeding places from damage. The engagement of a wildlife spotter catcher may assist you in meeting your duty of care obligations.

For the City of Gold Coast:

See: Flora and Fauna page of City of Gold Coast

The page is Developed by City of Gold Coast. The website assists residents and landowners, developers, conservation groups, students and researchers to identify and locate plants and animals found within the Gold Coast. This initiative is part of GCCC ongoing commitment to conserve the city's biodiversity and natural assets, and is a key initiative of our Nature Conservation Strategy 2009-2019

• Find out what plants or animals are located in your area.
• Identify a specific plant or animal species.
• Explore the range of wildlife on the Gold Coast.
• Search over 1000 reports and studies related to Gold Coast flora and fauna.

The Gold Coast is home to more than:

1. 1730 recorded species of native vascular plants – 109 of which are listed as endangered, vulnerable or near threatened under the Nature Conservation Act 1992.
2. 585 species of native animals – 72 of which are listed as endangered, vulnerable or near threatened under the Nature Conservation Act 1992.

The following online resources provide useful information about national, regional and local biodiversity:

• Environment and sustainability (City of Gold Coast) - cityofgoldcoast.com.au/environment
• Birds in Backyards - birdsinbackyards.net
• Wildlife and ecosystems (Department of Environment and Heritage Protection) - ehp.qld.gov.au/wildlife-ecosystems
• Amphibian Research Centre - frogs.org.au
• Save Our Waterways Now Inc. - sown.com.au
• NSW Flora Online - plantnet.rbgsyd.nsw.gov.au

Vegetation & Tree Clearing on Gold Coast Note: It is the responsibility of individual land owners to keep their land clear of weeds and undergrowth. For more information about declared pest plants and managing vegetation on your property, please see Overgrown land and declared pest plants page.

To make a report about private property that has become overgrown and represents a danger to the public, please complete the online form.