Destruction of vegetation carried out under guidelines
1246 Destruction of vegetation carried out under guidelines
This section applies if, immediately before the commencement—
a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines)—
the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’;
the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’;
the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’;
the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and
there is no development approval for the destruction; and
the destruction is not a destruction activity for which—
a permit has been issued to the person under section 269(1); or
the person has applied, under section 266, for a permit that has not been issued under section 269(1).
From the commencement—
the destruction is taken to be assessable development for which a development approval has been granted; and
the area of vegetation is taken to be the land to which the development approval is attached; and
the development approval has effect as if it were a development approval for the destruction; and
any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.
This Act’s bill:Explanatory memorandum
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