Financial hardship provisions under the new regrowth laws
- Who can apply for a regrowth clearing authorisation?
- Applying for a regrowth clearing authorisation
- Application assessment process
- What if I disagree with the decision?
Regulated regrowth vegetation is identified on the regrowth vegetation map and is limited to regrowth that has not been cleared since 31 December 1989 and native vegetation within 50 metres of watercourses in identified priority reef catchments.
In areas of regulated regrowth vegetation, most routine clearing such as for fence lines, yards, firebreaks and buildings is exempt—as is burning off for fire management purposes. Clearing of regulated regrowth vegetation that is not for an exempt activity must be conducted in accordance with the regrowth vegetation code.
While the new laws permit clearing in some instances, it is possible the regrowth clearing restrictions might lead to financial hardship to the extent of stopping a primary production business from operating.
Where this is the case, the regrowth laws contain a special provision under which landholders can apply for a clearing authorisation, which allows clearing in areas that would otherwise be protected under the regrowth code.
Financial hardship clearing authorisations are restricted to primary producers who derive the majority of their income and spend the majority of their labour on a primary production business and who cannot continue to operate that business as a result of clearing restrictions within the regrowth laws.
The Department of Environment and Resource Management (DERM) will determine whether a farm business is eligible for a regrowth clearing authorisation after receiving advice from QRAA (formerly the Queensland Rural Adjustment Authority) as to the extent of any financial hardship.
Who can apply for a regrowth clearing authorisation?
There are a number of restrictions on who may apply for a regrowth clearing authorisation. The applicant must:
- be a Queensland primary producer conducting a primary production business
- A primary production business means a business carried on within the State in a primary production industry, including the agricultural, apicultural, aquacultural, horticultural and pastoral industries.
- have been operating the primary production business on 8 October 2009
- New and proposed businesses are not eligible for the clearing authorisation.
- Applicants who purchased the primary production business after 8 October 2009 are not eligible for the regrowth clearing authorisation.
- spend the majority of their labour and derive the majority of their income from the primary production business.
- If the majority of your work and income is derived outside the primary production business you are not eligible for a clearing authorisation.
- provide sufficient evidence to show that application of the new regrowth laws has stopped or will stop the business from operating.
Applying for a regrowth clearing authorisation
If you have read all the information and consulted a DERM Senior Vegetation Management Officer and still believe you meet the criteria for submitting an application for a regrowth clearing authorisation, there are several steps to follow.
Because of the restrictions on who is eligible, it is important that landholders provide sufficient information to allow DERM to assess your application.
These steps are as follows:
Step 1: Determine the location and extent of regrowth vegetation that cannot be cleared because of the code, and compile information on how the code stops clearing from occurring.
Step 2: Compile information on why the areas identified in step 1 are essential to the continued operation of the farm business.
Step 3: Make a pre-lodgement appointment with a DERM Vegetation Management Manager in your region to discuss the information compiled.
This meeting will give you the opportunity to discuss your circumstances and ensure you understand the assessment process. It will also help you to make sure you have sufficient information for DERM to assess your application.
The department will also provide you with the relevant application forms at this meeting.
Step 4: Collect enough financial information to allow QRAA to assess the financial viability of a business before and after the introduction of the new regrowth laws and to determine the extent of any financial hardship.
Step 5: Complete the regrowth clearing authorisation application form and submit along with the information compiled in steps 1, 2 and 4.
The application form is in two parts:
- Part A is used by DERM to determine the extent to which the regrowth code prevents clearing.
- Part B is used for assessment of the financial viability and hardship requirements and is sent to QRAA by DERM.
Application assessment process
When a completed regrowth clearing authorisation application is received, DERM assesses Part A of the application form.
If satisfied with the information provided and in agreement that a potentially significant area cannot be cleared under the code, DERM will send the application to QRAA.
QRAA will assess Part B and may contact the applicant direct if any clarification on the application is required. Once assessed, QRAA will advise DERM of the extent of any financial hardship.
DERM will then decide whether the extent of the hardship has caused or will cause the farm business to stop operating.
If a regrowth clearing authorisation is approved it may contain conditions that must be complied with for it to constitute an exemption to clear regulated regrowth.
If an application is refused or contains conditions, DERM will provide reasons about the decision to you.
What if I disagree with the decision?
Applicants may seek an internal review of the decision. If you are dissatisfied with the outcome of an internal review, you can apply to the Queensland Civil and Administrative Tribunal for an external review.
Further information
For further information on regrowth clearing authorisations, refer to:
- Fact sheet–Regrowth clearing authorisation in circumstances of financial hardship (PDF, 82K)*
* Requires Adobe Reader
Last updated 9 March 2011