Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016

Overview

This bill reinstates stronger vegetation clearing laws to slow land clearing and protect the Great Barrier Reef. It re-regulates high-value regrowth on freehold and indigenous land, stops new approvals for clearing native vegetation for high-value agriculture, and brings back riverine protection permits for destroying vegetation in waterways. Key clearing rules apply retrospectively from 17 March 2016 to prevent a rush of pre-emptive clearing.

Who it affects

Rural landholders, farmers and developers face tighter clearing limits and stronger compliance rules, while Reef catchment communities and the broader public benefit from reduced run-off and lower carbon emissions from land clearing.

Key changes

• Clearing high-value regrowth vegetation on freehold and indigenous land is re-regulated, extending protections that previously only applied to leasehold land
• Development applications to clear native vegetation for high value agriculture or irrigated high value agriculture are no longer allowed and become prohibited development
• The occupier of the land is presumed responsible for any unlawful clearing unless they provide evidence otherwise, and the 'mistake of fact' defence no longer applies to vegetation clearing offences
• Regrowth vegetation within 50 metres of watercourses is now protected in the Burnett-Mary, Eastern Cape York and Fitzroy Reef catchments, on top of the existing Burdekin, Mackay Whitsunday and Wet Tropics protections
• Destroying vegetation in a watercourse, lake or spring again requires a riverine protection permit, with a maximum penalty of 1,665 penalty units (about $200,000) for doing so without one
• Environmental offsets are required for any adverse residual impact on prescribed environmental matters, not just 'significant' impacts, and a new framework allows payments for Commonwealth offset conditions