Land clearing battle moves to High Court

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A battle over how land clearing is regulated across Queensland has moved to Australia’s highest court.

It pits the development industry and farming lobby against a south-east Queensland council in a fight to decide whether local governments can enforce their own rules to protect the environment even where the state has imposed no restrictions on clearing.

Moreton Bay Regional Council successfully argued that it could require landholders to seek development approval for clearing work regardless, and impose local government planning rules.warning that all landholders, including “mum and dad” property owners, faced fines of almost $600,000 per breachDevelopers and rural land groups have begun lobbying the Palaszczuk state Labor government to introduce legislation to reverse the decision.

Typically, developers and other landholders have cleared Category X land on the assumption that they only needed to have regard to the state government mapping of the block of land in question. The Property Council told the minister the Court of Appeal decision would add to the cost and complexity of development in Queensland, for no ecological benefit, erode property rights and have an impact on housing supply and affordability. It called on Minister Dick to “review and rectify this matter urgently”.

Mr Allen’s affidavit describes how Mr Trask is the subject of enforcement proceedings brought by Moreton Bay council over the clearing of Category X land but that these cases are “in abeyance” pending the outcome of the application.he had spent $200,000 to $300,000 on legal costs on the cases to date and expected to spend up to $500,000 in total on the disputes.

"In Ipswich, where an landowner or applicant proposes to clear Category X vegetation, it would be classified as exempt clearing works under the Vegetation Management Act and also assessed by Council through the Planning Scheme as a matter of local significance," he said.

 

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greedy developers always want to get their way They r d worst vandals n they r corrupting local gov To absorb d smog n pollution we need trees not units tower blocks They never care abt nature as they want to turn d land to billions

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