Proposal form - Enforceable undertakings (vegetation ... · Proposal form – Enforceable undertakings (vegetation management) Department of Natural Resources, Mines and Energy Version

Version 1.00, 16 November 2018

Proposal form Enforceable undertakings (vegetation management) This form must be used to submit a proposed enforceable undertaking to the Department of Natural Resources, Mines and Energy (the department) pursuant to Part 4, Division 5 of the Vegetation Management Act 1999 (VMA). By submitting this form you are inviting the department to consider an enforceable undertaking with you.

For further information please refer to the Guideline for Enforceable Undertakings (Vegetation Management) (the Guideline) which is available on the department’s website. This Guideline includes detailed information on when the department is likely to accept an enforceable undertaking, what an enforceable undertaking must address, details on the process and timeframes.

Your proposal must provide comprehensive information on your proposal so that the department can assess if your proposal meets the objectives and requirements set out in the Guideline. Consultation with the department is encouraged prior to submitting your proposal.

Further information on the assessment process for enforceable undertaking proposals is available in Attachment 1 of the Guideline. The contents of your proposal will be used to draft the enforceable undertaking.

Section 1 - General information Details of the person proposing an enforceable undertaking.

Name: Individual

Company name: If applicable

ACN: If relevant

Residential or registered company address Do not use post office box

Postal address: If different from above

Phone:

Email:

Case reference: if known

Proposal form – Enforceable undertakings (vegetation management) Department of Natural Resources, Mines and Energy Version 1.00, 16 November 2018 Page 2

Authorised contact person

Name:

Organisation:

Postal address:

Phone:

Email:

Preferred method of contact ☐ Phone ☐ Email ☐ Post

Section 2 – Contravention or alleged contravention Description of land impacted by the contravention or alleged contravention

Lot and plan: (i.e. 12 on RP 345678)

Location of land (e.g. street addressed or geographical

co-ordinates)

Tenure: (i.e. Freehold, Leasehold)

Registered owner/lessee:

Registered owner/lessee contact number:

Local Government Area:

2.1 Detail the contravention or alleged contravention: i.e. details of the contravention or alleged contravention including date, time, place and who was involved.

2.2 Detail the facts giving rise to contravention or alleged contravention: i.e. nature of incident, conduct or events surrounding contravention or alleged contravention. This must be factual details,

and avoid blame or opinions.

2.3 Detail the loss to remnant vegetation, biodiversity, land degradation or ecological processes: i.e. total extent of mapped vegetation impacted (remnant, high value regrowth or reef watercourse) and the conservation

status (endangered, of concern, or least concern), essential habitat, watercourses, wetlands, soil erosion, salinity, and

acid sulfate soils.


Section 3 – Statements 3.1 Statement of regret that the contravention or alleged contravention occurred:

3.2 Statement of reasons why the person considers the enforceable undertaking is a more appropriate response to the contravention or alleged contravention than a Court imposed penalty / remedy:

3.3 Statement of commitment that the behaviour, activities and other factors which caused or led to the contravention or alleged contravention has ceased and will not reoccur:

3.4 Statement of any action that has been undertaken to prevent the contravention or alleged contravention:

Department of Natural Resources, Mines and Energy Version 1.00, 16 November 2018 Page 4

Section 4 – Undertakings terms and objectives In accordance with section 68CC(4) of the VMA, I propose the following undertakings to secure compliance with the VMA and / or the Planning Act 2016, and advance the purposes of the VMA:

4.1 Key objective:

Term Activity and key deliverables Indicative cost ($)

Timeframe / due date

4.1.1 4.1.1.1

4.1.1.2

4.1.1.3

4.1.2 4.1.2.1

4.1.2.2

4.1.2.3

4.1.3 4.1.3.1

4.1.3.2

4.1.3.3

4.1.4 4.1.4.1

4.1.4.2

4.1.4.3

(If additional space is required, please attach to this form)

Total indicative cost of benefits: $


4.2 Key objective:


Timeframe

4.2.1 4.2.1.1

4.2.1.2

4.2.1.3

4.2.2 4.2.2.1

4.2.2.2

4.2.2.3

4.2.3 4.2.3.1

4.2.3.2

4.2.3.3

4.2.4 4.2.4.1

4.2.4.2

4.2.4.3




4.3 Key objective:


Timeframe

4.3.1 4.3.1.1

4.3.1.2

4.3.1.3

4.3.2 4.3.2.1

4.3.2.2

4.3.2.3

4.3.3 4.3.3.1

4.3.3.2

4.3.3.3

4.3.4 4.3.4.1

4.3.4.2

4.3.4.3




4.4 Key objective:


Timeframe

4.4.1 4.4.1.1

4.4.1.2

4.4.1.3

4.4.2 4.4.2.1

4.4.2.2

4.4.2.3

4.4.3 4.4.3.1

4.4.3.2

4.4.3.3

4.4.4 4.4.4.1

4.4.4.2

4.4.4.3




4.5 Key objective:


Timeframe

4.5.1 4.5.1.1

4.5.1.2

4.5.1.3

4.5.2 4.5.2.1

4.5.2.2

4.5.2.3

4.5.3 4.5.3.1

4.5.3.2

4.5.3.3

4.5.4 4.5.4.1

4.5.4.2

4.5.4.3




4.6 Key objective:


Timeframe

4.6.1 4.6.1.1

4.6.1.2

4.6.1.3

4.6.2 4.6.2.1

4.6.2.2

4.6.2.3

4.6.3 4.6.3.1

4.6.3.2

4.6.3.3

4.6.4 4.6.4.1

4.6.4.2

4.6.4.3




Section 5 – Summary of total costs Key Objectives Indicative cost of

benefits ($)

4.1

4.2

4.3

4.4

4.5

4.6

Total Indicative cost of benefits:


$


Section 6 – Certification and signature By signing this EU proposal I declare that the information provided in this EU proposal and associated supporting material is true and correct, and I acknowledge / confirm / agree to the all of the following:

☐ I acknowledge this proposal is merely an offer to the department to consider entering into an enforceable undertaking and there is no acceptance of an enforceable undertaking until the department if satisfied with the terms of the enforceable undertaking and provides me with written notice of the decision to accept the enforceable undertaking pursuant to section 68CC(3) of the VMA.

☐ I acknowledge that a contravention or alleged contravention of the VMA or the Planning Act 2016 occurred to which this enforceable undertaking relates to.

☐ I confirm that I have read and understood the department’s published Guideline Enforceable Undertakings (Vegetation Management), version 1.00, dated 16 November 2018.

☐ I confirm I have no prior convictions or findings of guilt under the VMA, the Planning Act 2016, or similar environmental or natural resource legislation whether in Queensland or elsewhere.

☐ I confirm I am not related to any person who, in their own capacity or in their capacity as an officer, employee or contractor of an entity, may directly or indirectly gain a financial benefit from any actions or outcomes proposed in this enforceable undertaking proposal.

☐ I confirm I am not an employee, contractor, agent, officer or shareholder of any entity that may directly or indirectly gain a financial benefit from any actions or outcomes proposed in this enforceable undertaking proposal.

☐ I confirm I am fully capable and have the financial ability to comply with the terms proposed in this undertaking, and am not aware of any financial or other impediments or hardships that would prevent me from delivering on the actions and outcomes proposed in this enforceable undertaking proposal.

☐ I acknowledge that in accordance with sections 68CC(5) and 68CE(3) the department will publish any details of the undertaking considered appropriate on the department’s website.

☐ I agree to any public communications regarding any of the actions contained within this undertaking will be clearly linked to the actions in the undertaking, and will state that the undertaking was entered into as a result of a contravention or alleged contravention of the VMA or the Planning Act 2016.

☐ I acknowledge that in accordance with section 68CD(2) of the VMA, the department’s acceptance of an enforceable undertaking means that proceedings will not be brought by the department against me for the contravention or alleged contravention the subject of this proposal, as long as I fully comply with the enforceable undertaking.

☐ I acknowledge that if I contravene the enforceable undertaking, proceedings may be brought against me for the contravention of the enforceable undertaking.

☐ The department’s acceptance of an enforceable undertaking for the contravention or alleged contravention the subject of this proposal does not affect the department’s power to take


enforcement action against me in relation to any other prior or subsequent contravention or alleged contravention of the VMA or the Planning Act 2016 relating to the clearing of native vegetation, that is not the subject of this proposal.

Signature

For an individual

Signature

Full name (print)

Date:

For a company Signed by in accordance with section 127 of the

Corporations Act 2001 (Cth) by:

Signature of director Signature of director/secretary

Full name of director (print) Full name of director/secretary (print)

Date:

Returning completed form Please return completed enforceable undertaking form in person or by mail to any of our business centres. The locations and contact details for DNRME business centres are available online at: www.qld.gov.au (search ‘vegetation management’).

http://www.qld.gov.au/

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Proposal form - Enforceable undertakings (vegetation ... · Proposal form – Enforceable undertakings (vegetation management) Department of Natural Resources, Mines and Energy Version