2014-01-28 Planning & Organisation Committee Item 4.4 Attachment 1

                                                              8
                                                        Noosa Council
                                             Temporary Local Planning Instrument
                                             (Protected Vegetation Overlay) 2014


                               (vi)          vegetation in a critical habitat;

                               (vii)         vegetation in an area that has been cleared in
                                             contravention of a local law including the former local
                                             law;

                   (l)         clearing on land in the Agricultural Land Conservation Area
                               (ALCA) identified in the local government’s planning scheme;

                   (m)         clearing in the course of a fire management activity;

                   (n)         clearing in the course of a forest practice;

                   (o)         clearing in accordance with a permit under the former local law.


Division 2                  Assessment table

12    Assessment categories and relevant assessment criteria
      (1)          The assessment category for operational work for clearing protected vegetation
                   in the protected vegetation overlay area is identified in column 2 of Table 2.

      (2)          The relevant assessment criteria for operational work for clearing protected
                   vegetation in the protected vegetation overlay area is identified in column 3
                   of Table 2.

      Table 2            Assessment categories and relevant assessment criteria
      Column 1                                   Column 2                                Column 3
      Type of development                        Assessment category                     Assessment criteria

       Operational work for clearing              Exempt if exempt clearing               If code assessable—
       protected vegetation in the                                                        Protected vegetation overlay
       protected vegetation overlay               Code assessable if not exempt           code
       area                                       clearing

      Editor's notes—
      1.    Operational work for clearing vegetation does not include clearing vegetation on—
                  a forest reserve under the Nature Conservation Act 1992; or
                  a protected area under the Nature Conservation Act 1992, section 28; or
                  an area declared as a state forest or timber reserve under the Forestry Act 1959; or
                  a forest entitlement area under the Land Act 1994. (Sustainable Planning Act 2009, section 10)
      2.     Clear, for vegetation—
             (a)         means remove, cut down, ringbark, push over, poison or destroy in any way including by burning,
                         flooding or draining; but
             (b)         does not include destroying standing vegetation by stock, or lopping a tree. (Sustainable Planning Act
                         2009, schedule 3)
      3.     Destroy, for vegetation, includes destroying it by burning, flooding or draining. (Sustainable Planning Act 2009,
             schedule 3)