Plantation Management – Regulation and Planning
Queensland
Legislation
Summary – Queensland legislation
The Queensland Forest Practices System, including the Plantation Code of Practice, is envisaged to provide certainty for investors in regard to plantation development on private land in Queensland and a mechanism for local government acceptance of plantation standards.
These policies are still under development, and in their absence, some discretionary planning provisions are currently being applied related to plantations in Queensland. The Integrated Planning Act, implemented in 1997, is the vehicle designed to provide rights to plant and harvest plantations on private land in Queensland.
Since implementation, the Act has proven to be extremely complex, requiring a high degree of knowledge of its application to private forestry. This represents a significant overhead requirement for private plantation development. In addition, due to the complexity of the legislation, subjective interpretation in its application has lead to (unforeseen) cost and regulatory issues related to private sector plantation development.
With regard to rights to trade plantations and their products, amendments to the Land Title Act 1994 allow profits á prendre to be registered on the land title, allowing landowners to sell an interest in the trees separate to the land. While the costs of this approach are not insubstantial (survey, stamp duty, registration on title), this vehicle has been used for a number of trades in Queensland.
In order to provide a stable framework for plantation development in Queensland, finalisation and implementation of the Queensland Forest Practices System, including the Plantation Code of Practice, is recommended as soon as practicable.
