Protected plants legislation and the native timber industry
In Queensland, all plants that are native to Australia are regarded as ‘protected plants’ under the Nature Conservation Act 1992. This legislation protects Queensland’s native plants through a Protected Plants Framework (the framework) that regulates activities that impact on the conservation of Australia's native plants.
The framework aims to reduce the amount of regulation on sustainable activities and activities that pose a low risk to Queensland’s protected plants.
Activities involved with the harvesting of protected plants in the wild for timber may be subject to certain requirements under the framework. These requirements are in addition to any timber harvesting code of practice requirements, such as the Native Forest Practice Code under the Vegetation Management Act 1999 and the Code of Practice for Native Forest Timber Production on Queensland Parks and Wildlife Services (QPWS) Estates.
The protected plants framework applies in the same way to timber harvesting on both private land (freehold land) as well as state leasehold land, state forests and timber reserves.
This page highlights those harvesting and forestry activities that are regulated under the framework. There are a number of timber harvesting related activities that are exempt from the Protected Plants Framework, while others are subject to the requirement for a flora survey, and may require a clearing permit. A brief overview of the approval requirements for both harvesting and clearing have been provided. The most significant impacts of the framework relate to clearing for new tracks, infrastructure, and landing areas within a high risk area.
When is a plant not in the wild?
A plant that is not in the wild is not affected by the framework. This generally means that plants that are not part of a relatively naturally functioning ecosystem are not regulated by this framework. For example, this may include protected plants on residential properties, or that have been planted as plantations or for landscaping purposes.
Plants in timber plantations
Harvesting and other forestry activities in timber plantations are exempt under the Protected Plant framework. When clearing within a plantation the Flora Survey Guidelines (PDF, 536KB) do not need to be followed as these plants are not ‘in the wild’ and can be cleared under the exemption for clearing plants in a plantation.
Plants in the wild
Where protected plants that are in the wild and in a high risk area are to be cleared or harvested, the flora survey guideline requirements may need to be met prior to the commencement of works. However many activities are exempt from the need for a flora survey. The table below provides details for specific forest harvesting activities.
| Forest harvesting activity | Flora survey and permit required | Details |
|---|---|---|
| Felling timber trees | No, exempt | Felling timber trees is included in the definition of harvest under the Nature Conservation Act 1992 and this activity is exempt from licensing requirements if the trees are least concern species. No flora survey is required for harvesting. |
| Snigging and extracting logs and ‘walkover’ techniques | Generally no, but may be required in some circumstances |
Walking machinery through forested areas, and snigging and extracting of logs may result in the damage or killing of understory plants. However this activity is not usually considered clearing, as this type of damage to plants is incidental to the activity and not directed at damaging the plants. As a result no clearing permit or flora survey is required. Where deliberate felling or removal of protected plants is undertaken (e.g. to allow the creation of a new snigging track), this activity is subject to the framework and clearing may require a flora survey or a permit prior to the clearing. |
| Maintaining existing roads, tracks, sheds and other infrastructure | No, exempt | Any clearing of protected plants for the regular maintenance of existing infrastructure (e.g. a vehicular track, shed, or fence) is exempt from the framework’s flora survey and permit requirements. For example this exemption extends to any clearing required to maintain the ongoing use of the existing infrastructure, for instance clearing trees that block an existing track, or major repairs/replacement of a creek crossing. |
| Establishing new tracks and landing areas | Yes, in a high risk area | Clearing protected plants to establish new tracks or other infrastructure is considered clearing and subject to the clearing requirements under the framework. Similarly, clearing where the purpose is to enhance/enlarge existing infrastructure (e.g. widen a track, extend a shed) is also subject to clearing requirements. Clearing of native vegetation for these activities will generally require a flora survey in a high risk area, and may require a permit if identified protected plants cannot be avoided. |
| Silvicultural thinning in native forests | Yes, in a high risk area | If thinning of protected plants to encourage growth takes place in a high risk area this is classified as clearing and must be assessed according to the framework, which may include a flora survey and permit. |
| Danger reduction | No, exempt | A protected plant in the wild can be taken without a clearing permit if it will avoid or reduce the imminent risk of death or serious injury to a person, or serious damage to a building or personal property, and the taking cannot reasonably be avoided or minimised. If the threat is not imminent this provision does not apply. |
Clearing and complying with the Nature Conservation Act 1992
Flora survey trigger maps
A flora survey trigger map defines areas that are considered a high risk of having endangered, vulnerable or near threatened (EVNT) plants. Clearing is regulated differently depending on whether the clearing is within a high risk area or not. A flora survey trigger map can be obtained via the department's website.
Areas mapped as a high risk area
If the clearing is not covered by an exemption and the flora survey trigger map shows the area to be cleared is within a high risk area the proponent will be required to conduct a flora survey of the clearing impact area prior to any clearing, in accordance with the Flora Survey Guidelines (PDF, 536KB).
The clearing impact area is defined as the area to be cleared that is within a high risk area and a buffer zone that is an additional area of 100m in width around the boundary of the area to be cleared. A buffer zone may be less than 100m if authorised by the Chief Executive. For more information about reducing the buffer zone, see the Flora Survey Guidelines (PDF, 536KB).
If the flora survey identifies EVNT plants within the clearing impact area and the clearing activity will clear the EVNT plants or clear within 100m of the EVNT plants, the proponent will be required to apply for a clearing permit. The survey report must accompany the application.
If no EVNT species are identified within the clearing impact area, prior to clearing the proponent is required to submit the flora survey report and an ‘exempt clearing notification’ to the department. Following this, clearing can occur almost immediately.
Areas outside of high risk area
If the flora survey trigger map shows the area to be cleared falls outside of a ‘high risk area’ then:
- Neither a flora survey nor the engagement of a suitably qualified person is required.
- If the proponent is not aware of any EVNT plants within the area to be cleared or within 100m of the clearing, clearing does not require a permit.
A copy of the relevant flora survey trigger map must be kept for a period of five years from the day clearing commenced.
However, if the proponent is aware that an EVNT plant is present within the area to be cleared or clearing would be within 100m of the EVNT plants, a clearing permit will be required.
Harvesting and complying with the Nature Conservation Act 1992
Regulation effecting harvesting of plant species listed as:
Exotic species—are not protected under the Nature Conservation Act 1992. No harvesting requirements apply i.e. not subject to Code of Practice requirements nor is a harvesting licence required.
Least concern species—harvesting activities are exempt from permit and licencing requirements, but must still comply with certain requirements in the Code of Practice for the harvest and use of protected plants. This includes almost all commonly harvested native timber species.
Restricted species—are those species that are EVNT or special least concern. Special least concern species includes those species that are likely to be subject to increased harvesting pressure due to their commercial and recreational demand (e.g. grass trees and macrozamias).
For harvesting of these restricted species, the proponent is generally required to apply for a protected plant harvesting licence which includes the development and submission of a sustainable harvest plan. Harvesting must comply with requirements detailed in the Code of Practice for the harvest and use of protected plants and protected plant harvest records may be required with protected plant harvest labels attached to harvested restricted plants.
Other issues
Fire safety and dealing with emergencies
Firebreaks to protect infrastructure (other than a fence, road or vehicular track) can be established and maintained without a flora survey or clearing permit , to a maximum width of 20m or one and a half times the height of the tallest adjacent vegetation (whichever is the greater).
Protected plants can also be cleared without a survey or permit to establish or maintain fire management lines, to a maximum width of 10m.
Hazard reduction burns authorised under the Fire and Rescue Act 1990 (e.g. by a local fire warden) are also not subject to the protected plants framework’s flora survey or permit requirements.
Re-clearing previously cleared areas
Where clearing has been carried out under a clearing permit issued less than 10 years ago, or following a properly conducted flora survey any subsequent re-clearing can be carried out without a permit. If these timeframes are exceeded, any clearing is subject to assessment under the framework and a new clearing permit or exemption is required.
Conducting a flora survey
Suitably qualified person
Flora surveys must be co-ordinated and led by a suitably qualified person. For someone to be appointed as a suitably qualified person they must meet the criteria for 100 points or more on the self-assessment grading system available in the Flora Survey Guidelines (PDF, 536KB).
A person working within the forestry industry can be appointed as a suitably qualified person if they meet the appropriate criteria. This person needs to have well rounded knowledge of survey methodologies and native plants including grasses, shrubs, and trees. This person must be able to demonstrate this knowledge relevant to the site or locality they are working in.
Determine the extent of the area to be surveyed
Flora surveys must cover the clearing impact area. This area is made up of the area to be cleared which is within a high risk area surrounded by a buffer zone of an additional 100m width. Under certain circumstance a reduced buffer zone can be agreed to by the Chief Executive. Please refer to the Flora Survey Guidelines (PDF, 536KB) for further information.
Flora survey reports
The flora survey report must include:
- certification of the suitably qualified person
- extent of the area surveyed
- flora survey methods and findings
- any other information that may be deemed relevant, i.e. dates clearing is proposed to occur.