This document summarizes recent developments in vegetation clearing laws and policies in Queensland over the past month, including:
1. A court decision that found clearing classified as "exempt" under state regulations could still require approval under local planning schemes.
2. The release of a report from a Koala Expert Panel recommending stronger protections for koalas, including broader habitat mapping and assessment requirements for development impacts.
3. Amendments to vegetation clearing laws taking effect, with some changes applying retroactively, tightening exemptions and revoking approvals if vegetation codes are replaced.
Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
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GVces - Center for Sustainability Studies
www.gvces.com.br
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Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
EPC Corporate Propositions for Public Policies for a Low-Carbon Economy in Br...FGV Brazil
EPC third sectorial study looks into the most representative sector in the national emissions inventory: land use change and forests.
In this study, the Business for the Climate Platform addresses a crucial economic sector for Brazil: land use changes and forests, the most representative in the national emissions inventory. In addition to bringing the concepts, basic references and relevant numbers on this subject, this publication also features contributions from the EPC company members for the construction of public policies that facilitate the transition of this important sector to a low carbon economy.
GVces - Center for Sustainability Studies
www.gvces.com.br
Draft Environmental Assessment for drilling in the Marietta Unit of the Wayne...Marcellus Drilling News
A draft Environmental Assessment from the Bureau of Land Management that will allow limited shale drilling in Ohio's Wayne National Forest--or more specifically, in one small portion of WNF. The draft EA will accept public comments until the end of May 2016.
Mike McDaniel
Large landholders are volunteering for long-term planning due to growth pressure from urban centers or generational changes in ownership. Tools are available under Florida law to address
conservation, development, and agricultural planning on these tracts. Planning issues differ based on the location of the landholding,
its characteristics, and other uses in the vicinity. This session imparts lessons learned from experiences with these type plans, including best practices, where they work, and where their use is more challenging. Emphasis is placed on sector planning as authorized under Florida law, and hybrids of sector plans prepared and submitted as large-scale amend
Information for Cuyahoga County applicants to the Clean Ohio Green Space Conservation Program
This presentation was shown at workshops on August 15 and 16, 2017.
http://www.countyplanning.us/services/grant-programs/clean-ohio-conservation-greenspace-program/
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Environment and Natural Resources Civil Society (ENR-CSO) Network Memorandum on the draft wetlands policy, (2019) and the draft wetlands bill, 2019 for consideration by the Wetlands Management Department, Ministry of Water and Environment
Environment and Natural Resources Civil Society (ENR-CSO) Network Memorandum ...Dr. Joshua Zake
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Government panel approves mining on non-forest land
without lease clearance
Government panel approves mining on non-forest land
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"Policy Development, Implementation, & Review", presented by Ms Jihei Song (Korea Institute for International Economic Policy) at the 2022 ProSPER.Net Leadership Programme, 6 December, 2022.
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Rollits Planning Focus - General Election Special (April 2015)Pat Coyle
The upcoming General Election is set to be one of the most keenly contested political battles for some time. The political parties have now published their Manifestos to varying degrees of fanfare. Within this Newsletter we have sought to set out some of the main planning and development policies contained within each Manifesto.
Mike McDaniel
Large landholders are volunteering for long-term planning due to growth pressure from urban centers or generational changes in ownership. Tools are available under Florida law to address
conservation, development, and agricultural planning on these tracts. Planning issues differ based on the location of the landholding,
its characteristics, and other uses in the vicinity. This session imparts lessons learned from experiences with these type plans, including best practices, where they work, and where their use is more challenging. Emphasis is placed on sector planning as authorized under Florida law, and hybrids of sector plans prepared and submitted as large-scale amend
Information for Cuyahoga County applicants to the Clean Ohio Green Space Conservation Program
This presentation was shown at workshops on August 15 and 16, 2017.
http://www.countyplanning.us/services/grant-programs/clean-ohio-conservation-greenspace-program/
Enr cso network memo on the -draft-wetlands-policy-and draft-wetlands bill -1...ENVIRONMENTALALERTEA1
Environment and Natural Resources Civil Society (ENR-CSO) Network Memorandum on the draft wetlands policy, (2019) and the draft wetlands bill, 2019 for consideration by the Wetlands Management Department, Ministry of Water and Environment
Environment and Natural Resources Civil Society (ENR-CSO) Network Memorandum ...Dr. Joshua Zake
This is an ENR-CSO Network Memorandum on the draft wetlands policy, 2019 and draft wetlands bill, 2019. It presents the key gaps in the respective draft documents and suggests recommendations for consideration by Consultants on how these should integrated in subsequent drafts, based on guidance by the Wetlands Management Department, Ministry of Water and Environment. It presents general and specific comments on the respective draft documents. It’s compiled and submitted by Environmental Alert2 on behalf of the ENR-CSO network Secretariat.
This presentation was given at the 2019 Catchment Management Notwork meeting, which was held on the 11 October in Tullamore. All our local authorities and other bodies responsible for implementing the Water Framework Directive in Ireland attended to share knowledge and learn from each other.
Government panel approves mining on non-forest land
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Odisha government to auction six more mineral blocks
"Policy Development, Implementation, & Review", presented by Ms Jihei Song (Korea Institute for International Economic Policy) at the 2022 ProSPER.Net Leadership Programme, 6 December, 2022.
NAP Training Viet Nam - Climate Change and Viet Nam's NAPUNDP Climate
This two-day workshop supported the Government of Viet Nam in building the necessary capacity to advance its National Adaptation Plan (NAP) process. The workshop closely focused on building National Adaptation Plans in the agricultural sector through multi-stakeholder collaboration, and increased knowledge and capacity on a number of topics including: prioritization of adaptation options, cost-benefit analysis, overview of the broad-based nature of climate change adaption impacts, analysis of challenges, and creation of an open discussion with key stakeholders on defining a road-map for the NAP process. The workshop was delivered using discussions and case studies to enhance interactive learning for participants, with supporting presentations by GiZ and SNV.
Rollits Planning Focus - General Election Special (April 2015)Pat Coyle
The upcoming General Election is set to be one of the most keenly contested political battles for some time. The political parties have now published their Manifestos to varying degrees of fanfare. Within this Newsletter we have sought to set out some of the main planning and development policies contained within each Manifesto.
Department of the Treasury Preliminary Regulatory Reform PlanObama White House
When President Obama unveiled his plan to create a 21st-century regulatory system that protects the health and safety of Americans in a cost-effective way, he called for an unprecedented government-wide review of rules already on the books. As a result of that review, the Department of the Treasury has identified initiatives to reduce burdens and save money. Read the agency plan and share your comments, feedback and questions.
Visit WhiteHouse.gov/RegulatoryReform to view all the plans and learn more.
This slide brings us to know about the Amendments of 2006 and 2009 in Environmental Impact Assessment. The draft EIA notification issued by the ministry and forests for amendment 2009. The process of amendment 2006 was well sketched in the presentation. Hope everyone would like this.
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Vegetation clearing laws in the spotlight
1. Developing InSight
16 May 2018
Vegetation clearing laws under the spotlight
Key developments
The past month has been a busy time in the
vegetation clearing space, with the following
judicial, policy and legislative pronouncements
to be aware of—
▪ The Planning and Environment Court
decision in Fairmont Group Pty Ltd v
Moreton Bay Regional Council [2018] QPEC
20 on 20 April 2018.
▪ Publication of the Koala Expert Panel: A new
direction for the conservation of koalas in
Queensland report and Queensland
Government Koala Conservation Response
on 4 May 2018.
▪ The commencement of the Vegetation
Management and Other Legislation
Amendment Act 2018 on 9 May 2018 – but
beware some provisions operate
retrospectively back to 8 March 2018.
‘Exempt clearing work’ in the Planning
Regulation may still be assessable
development under a planning scheme
The relationship between the Planning Regulation
2017 and planning schemes was examined in the
recent decision of the Planning and Environment Court
in Fairmont Group Pty Ltd v Moreton Bay Regional
Council [2018] QPEC 20.
In short, the Court held that:
▪ The limited effect of ‘exempt clearing work’ as
defined in the Planning Regulation (being clearing
of native vegetation listed in its schedule 21) is that
it is not prohibited or assessable development for
the purposes of the Planning Regulation only.
▪ The local government may still categorise what is
‘exempt clearing work’ under the Planning
Regulation as assessable development under the
planning scheme. The absence of ‘exempt clearing
work’ from the list of development in schedule 6 of
the Planning Regulation (the schedule that lists
development that a local categorising instrument is
prohibited from stating is assessable development)
is telling.
So, in Fairmont, although the proposed clearing was in
a category X area (‘exempt clearing work’ under the
Planning Regulation, being listed in schedule 21 part 2
section 2(d)) and was not assessable development
under the Planning Regulation, it was assessable
development under the Moreton Bay Regional
Planning Scheme 2016 requiring a development
approval from the Council.
Her Honour Judge Kefford noted the decision in
Traspunt No. 4 Pty Ltd v Moreton Bay Regional
Council [2015] QPEC 49 involved a different legislative
regime so was not of assistance in this case.
An example of development that is not assessable
development under the Planning Regulation and is also
prevented from being made assessable development
under a planning scheme is amalgamation of 2 or more
lots. This is because it (along with certain other types
of reconfiguring a lot) appears both in schedule 6 (Part
4 section 21(2)(b)) (unlike exempt clearing work) and is
carved out from being assessable development
pursuant to schedule 10 part 14 division 1 section
21(a). The legislative framework under the repealed
Sustainable Planning Act 2009 was substantially the
same in this respect.
1
2. GOLD COAST ENVIRONMENT AND PLANNING TEAM CONTACTS
EMAIL: firstname.lastname@minterellison.com
Michelle Pennicott Carolyn Salam Steve Amundsen Genevieve McCracken Nick Lichti Tammy Tye Harley Day Monika Volarevic
PARTNER PARTNER CONSULTANT SENIOR ASSOCIATE SENIOR ASSOCIATE LAWYER PARALEGAL (PLANNING QUALIFIED) RESEARCH CLERK
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Publication of the Koala Expert
Panel report and Government response
The Koala Expert Panel: A new direction for the
conservation of koalas in Queensland report and
Queensland Government Koala Conservation
Response was released earlier this month. The Expert
Panel’s report, the core of which is the urgent need for
‘a more coordinated and strategic approach to koala
conservation in South East Queensland’ contains,
among six recommendation areas:
1. Better, broader priority area mapping – The
Expert Panel recommends State identification of
broad-scale priority areas for koalas across SEQ
rural and urban landscapes, that is broader than the
existing PKADA and KADA mapping.
2. Stronger legislation in relation to development
assessment – including recommended
amendments to:
▪ Identify the State as either the assessment
manager or referral agency for all koala-related
assessable development.
▪ Include a koala-related assessment code in the
State Development Assessment Provisions.
▪ Provide for standard conditions for development
impacting on koalas, coupled with consideration
to be given to Planning Act 2016 amendments to
prevent challenge to koala-related conditions on
reasonableness/relevance grounds.
▪ Broaden triggers for koala-related development
assessment in SEQ, including in identified
priority areas whether inside or outside the
Urban Footprint and inside the Urban Footprint if
within an area mapped as core koala habitat
(even if outside a priority area).
▪ Reduce the number and complexity of
exemptions in the Planning Regulation schedule
21 – specific mention is made of the urban
purposes in urban areas exemption. This was
stated on the basis that it is not assessable
development under the Planning Act and cannot
be made assessable by a planning scheme;
however note now the benefit of the Fairmont
decision.
We will be publishing a more detailed Developing
InSight on this soon.
Commencement of amendments to
vegetation clearing laws
The Vegetation Management and Other Legislation
Amendment Act 2018 has been enacted. Our earlier
Developing InSight Vegetation clearing changes back
on the agenda gave an overview of the key changes
proposed by the Bill. Most of the Act’s provisions
(which amend the Vegetation Management Act 1999
(VMA), Planning Act, Planning Regulation and Water
Act 2000) commenced on 9 May 2018.
Beware that the following provisions have retrospective
effect, taken to have commenced on 8 March 2018:
▪ Insertion of new VMA section 19S. The effect of this
provision is that a notice about intended clearing or
a native forest practice under an accepted
development vegetation clearing code ceases to
have effect when the Minister revokes or replaces
the code and the activity cannot continue to be
carried out under the revoked or replacement code.
A new notice is required.
▪ Amended ‘area management plan’ provisions in
VMA part 2 division 5B.
▪ Amendment of VMA section 22A to provide that a
vegetation clearing application is not for a relevant
purpose if the development is clearing in a category
C area (high value regrowth vegetation) on freehold
land, indigenous land or the subject of a Land Act
1994 lease for agriculture or grazing purposes or an
occupation licence under that Act.
▪ Transitional provisions.
The new VMA provisions regarding enforceable
undertakings (new part 4 division 5) the subject of our
earlier Developing InSight Vegetation clearing changes
to enforcement are not yet in effect – they will
commence on a date that is yet to be fixed.
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