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Appendix M - Ecology Report

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                                                                                                          24

            Table 6 Queensland Government Legislative and Planning Overview

STATE LEGISLATION, PLANNING AND POLICY
Planning Act 2016
 The Planning Act 2016 came into effect on the 3rd of July, 2017 and replaces the Sustainable
 Planning Act 2009 (SPA). The purpose of this Act is to establish an efficient, effective, transparent,
 integrated, coordinated and accountable system of land use planning, development assessment
 and related matters that facilitates the achievement of ecological sustainability. Additionally, the
 subsequent Planning Regulation 2017 supports the Planning Act by outlining mechanisms for
 operation. Mechanisms within the regulation of particular note include:
     Development that is accepted development and any requirements that apply for the
      development including exemptions for vegetation clearing (see below); and
     The provisions from the superseded state planning regulatory provisions, including the
      South East Queensland (SEQ) Koala assessable development areas and assessment
      benchmarks for these (see below).
 Vegetation Management Act 1999
 The Vegetation Management Act 1999 (VMA) and the Vegetation Management Framework
 Amendment Act 2013 protects vegetation on freehold land that is mapped as remnant by the
 Queensland Herbarium (QH). It provides a framework for the description, identification and
 mapping of Regulated Vegetation, Regional Ecosystems (REs) and Essential Habitat. It also
 prevents land degradation, maintains biodiversity, preserves ecological processes and promotes
 Ecologically Sustainable Development (ESD) through the State Assessment and Referral Agency
 (SARA) Development Assessment process (since 1st July, 2013).
 REs are assigned a conservation status under the VMA as well as a biodiversity status by the
 DNRM. The DNRM also uses Essential Habitat Mapping to regulate the clearing of remnant
 vegetation that is important to endangered, vulnerable and near threatened (EVNT) species and
 is mapped in locations where an EVNT species has been recorded in the past.
 Current RE Mapping indicates that the site DOES contain Category B Regulated Vegetation along
 the eastern extent of the waterway. The Regional Ecosystem mapped on the site is ‘Of Concern’
 Regional Ecosystem described as 12.3.2, ‘Eucalyptus grandis tall open forest on alluvial plains’.
 The site assessment confirmed that the mapped vegetation was considered remnant vegetation
 and corresponded with the description of the Of Concern RE 12.3.2. The proposal is located
 outside of areas mapped as Category B Regulated Vegetation and, therefore, this mapped
 vegetation will not be affected by the proposed development and referral to SARA WILL NOT be
 required. Refer to Regulated Vegetation Map and Vegetation Management Supporting Map
 in Appendix C.




REF:S50335ER001_rev a                         10 & 22 Rose Gum Road and 521 Elm Street, Black Mountain
                                                                       Detailed Ecological Assessment
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