Regulations for clearing regrowth vegetation
The moratorium on clearing high-value regrowth ended 7 October 2009 and new arrangements protecting regrowth take effect from 8 October 2009.
The new regrowth laws protect vital regrowth and its high biodiversity values while allowing landholders to continue to manage their property responsibly.
Find out if your property is affected by regulated regrowth vegetation.
The new regulations provide a consistent framework for protecting high-value regrowth vegetation across freehold, Indigenous and leasehold land.
- What regrowth vegetation is affected?
- What is the regrowth vegetation map?
- What clearing is exempt?
- What is the new regrowth vegetation code?
- Essential habitat factors for the regrowth vegetation code
- Special provisions under the new regrowth laws
What regrowth vegetation is affected?
Clearing in category X areas on property maps of assessable vegetation (PMAV) is unaffected by the regrowth laws.
High-value regrowth vegetation and regrowth watercourses are now regulated under the vegetation management framework and are shown on the regrowth vegetation map.
High-value regrowth vegetation is mature native vegetation that hasn’t been cleared since 31 December 1989. Regrowth not shown on the regrowth map is exempt and is unaffected.
All native vegetation within 50 metres of a regrowth watercourse is regulated in the priority Great Barrier Reef catchments of Burdekin, Mackay Whitsunday and Wet Tropics.
What is the regrowth vegetation map?
The regrowth vegetation map is the first place to look because it shows the areas where clearing must comply with the regrowth vegetation code unless the clearing is exempt.
The regrowth vegetation map is also available from departmental business centres.
What clearing is exempt?
Many exemptions apply to the new regrowth regulations, including:
- clearing regrowth vegetation for routine management and essential management e.g. fire management lines, fire breaks and fences
- establishing necessary built infrastructure in areas less than two hectares
- clearing areas of regulated regrowth vegetation for extractive industry within a key resource area or for a significant community project
- burning vegetation to reduce hazardous fuel loads.
The full list of exemptions is contained in the Guide to exemptions under the vegetation management framework .
What is the new regrowth vegetation code?
Any clearing within an area identified as high-value regrowth vegetation or a regrowth watercourse, must be carried out in accordance with the regrowth vegetation code (PDF, 229K)* unless the clearing is exempt.
Under the code, clearing can occur in most areas of 'of concern' and 'least concern' regional ecosystems on freehold land. It can also occur in most areas of 'least concern' regional ecosystems on leasehold land for agricultural and grazing purposes.
However the code protects habitat for threatened species, vegetation near creeks and wetlands and on steep slopes. The code also protects native vegetation up to 50 metres from regrowth watercourses.
Clearing for infrastructure, weed control, thinning and encroachment is permitted under the code.
Landholders don’t need to apply for a permit to clear regrowth vegetation under the code—they only need to notify the Department of Environment and Resource Management (DERM) and follow the requirements set out in code.
Landholders wanting to clear regulated regrowth vegetation must submit a completed regrowth vegetation code clearing notification form (PDF, 88K)* to DERM. Landholders are not required to wait for confirmation that the form has been received.
Essential habitat factors for the regrowth vegetation code
The regrowth vegetation map shows areas of essential regrowth habitat as blue hatched areas. Areas of essential regrowth habitat contain labels indicating the species that may be in the area.
Check the Essential regrowth habitat database (PDF, 17K)* , which identifies the factors for each species.
Special provisions under the new regrowth laws
If any farm business is made unviable by the new regrowth laws, special provisions may apply that allow for an assessment to permit clearing of protected regrowth vegetation. Further information about these provisions will be released on the website shortly.
Further information
For further information about new regrowth regulations and the code, refer to the:
- Landholders’ guide to the regrowth vegetation code (PDF, 1.6M)*
- Guide to exemptions under the vegetation management framework.
Please be advised that the exemptions guide has been temporarily removed in order to amend it in accordance with the new reforms. In the meantime if you would like further information on what clearing can or cannot be done on your property please contact your local business centre.
- Frequently asked questions (PDF, 86K)*
- Online guide to determining if your property is affected by the regulations
- Fact sheet—Managing regulated regrowth vegetation (PDF, 80K)*
- Fact sheet—Interpreting the regrowth vegetation map (PDF, 81K)*.
Alternatively, contact 13 13 04 (8:30am to 4:30pm, Monday to Friday) or email Vegetation Management Enquiries.
* Requires Acrobat Reader
Last updated: 07 October 2009