11c Church St Pomona Ecological Assessment Rev B

5. Protected plants framework (administered by the Department of
Environment and Science (DES))
In Queensland, all plants that are native to Australia are protected plants under the Nature Conservation Act 1992 (NCA). The
NCA regulates the clearing of protected plants 'in the wild' (see Operational policy: When a protected plant in Queensland is
considered to be 'in the wild') that are listed as critically endangered, endangered, vulnerable or near threatened under the
Act.

Please note that the protected plant clearing framework applies irrespective of the classification of the vegetation under the
Vegetation Management Act 1999 and any approval or exemptions given under another Act, for example, the Vegetation
Management Act 1999 or Planning Regulation 2017.

5.1 Clearing in high risk areas on the flora survey trigger map
The flora survey trigger map identifies high-risk areas for endangered, vulnerable or near threatened (EVNT) plants. These
are areas where EVNT plants are known to exist or are likely to exist based on the habitat present. The flora survey trigger
map for this property is provided in section 5.5.

If you are proposing to clear an area shown as high risk on the flora survey trigger map, a flora survey of the clearing impact
area must be undertaken by a suitably qualified person in accordance with the Flora survey guidelines. The main objective of
a flora survey is to locate any EVNT plants that may be present in the clearing impact area.

If the flora survey identifies that EVNT plants are not present within the clearing impact area or clearing within 100m of EVNT
plants can be avoided, the clearing activity is exempt from a permit. An exempt clearing notification form must be submitted to
the Department of Environment and Science, with a copy of the flora survey report, at least one week prior to clearing.

If the flora survey identifies that EVNT plants are present in, or within 100m of, the area to be cleared, a clearing permit is
required before any clearing is undertaken. The flora survey report, as well as an impact management report, must be
submitted with the clearing permit application form.

5.2 Clearing outside high risk areas on the flora survey trigger map
In an area other than a high risk area, a clearing permit is only required where a person is, or becomes aware that EVNT
plants are present in, or within 100m of, the area to be cleared. You must keep a copy of the flora survey trigger map for the
area subject to clearing for five years from the day the clearing starts. If you do not clear within the 12 month period that the
flora survey trigger map was printed, you need to print and check a new flora survey trigger map.

5.3 Exemptions
Many activities are 'exempt' under the protected plant clearing framework, which means that clearing of native plants that are
in the wild can be undertaken for these activities with no need for a flora survey or a protected plant clearing permit. The
Information sheet - General exemptions for the take of protected plants provides some of these exemptions.

Some exemptions under the NCA are the same as exempt clearing work (formerly known as exemptions) under the
Vegetation Management Act 1999 (i.e. listed in Schedule 21 of the Planning Regulations 2017) while some are different.

5.4 Contact information for DES
For further information on the protected plants framework:
Phone 1300 130 372 (and select option four)
Email [email protected]
Visit https://www.qld.gov.au/environment/plants-animals/plants/protected-plants




Vegetation management report, Department of Resources, 2022                                                           Page 17