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ARTICLE · 29 MAY 2018

Questionable outcomes following recent vegetation clearing decision

Cooper Grace Ward
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Article discusses major impacts of recent court decision making exempt clearing work assessable under a planning scheme.

AustraliaEnvironment
Marcus Ford
Marcus Ford
Leanne O’Neill
Leanne O’Neill
Vanessa Thompson
Vanessa Thompson
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The Planning and Environment Court's determination in Fairmont Group Pty Ltd v Moreton Bay Regional [2018] QPEC 20, which held that 'exempt clearing work' can be made assessable under a planning scheme, is having wide-ranging impacts on all industries including resources, agriculture and development.

While the decision focused on vegetation characterised as Category X under the Vegetation Management Act 1999, the outcome may result in some unusual outcomes for all types of vegetation clearing.

Examples from the categories of 'exempt clearing work' defined under the Planning Regulation 2017 highlight the problem, as these types of clearing may now require a development approval if made assessable under a local government's planning scheme (subject to assessment requirements otherwise prescribed under the Regulation). The examples include clearing:

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