On 8 March 2018 the Government introduced the Vegetation Management and Other Legislation Amendment Bill 2018 to Parliament which includes proposed new vegetation management laws.
If the Bill becomes law, which it is anticipated to be, the following regulations will be effective retrospectively from 8 March 2018:-
- Category C vegetation, aka “High value re-growth vegetation”, will now include any re-growth vegetation older than 15 years. Currently, it refers to re-growth from earlier than 1989. Also, Category C will now include freehold land, whereas it previously applied to leasehold land only. ,
- Regrowth within 50 metres of a watercourse in the Burnett-Mary, Eastern Cape York, Fitzroy and Great Barrier Reef catchment areas will become Category R.
This means that a significant portion of land that is currently Category X (i.e. no clearing restrictions) will retrospectively fall under either Category C or Category R. Category C and Category R vegetation cannot be cleared without a permit.
If Landowners have not already locked in a Property Map of Assessable Vegetation (PMAV), they must ensure that they are aware of what land they can and cannot clear without a permit. Likewise, landowers must ensure that when their current PMAV expires that they make themselves aware of the new clearing restrictions.
Alternatively, anyone who is in the process of buying property should perform a new PMAV search to determine what their obligations are. If you are a current client with an active conveyancing matter and we have previously provided you with a PMAV, we will be providing you with an updated PMAV relative to your property.
Our solicitors have a particular interest in rural matters. Please contact us if we can be of assistance to you.
This post is general information only. It is not a substitute for legal advice from a lawyer. If you have a legal issue, you should always contact your lawyer to obtain advice that is relevant to your circumstances.
