60Property Vegetation Plans under NV Act continue in force

#### 60 Property Vegetation Plans under NV Act continue in force 60 Property Vegetation Plans under NV Act continue in force > > (1) The repeal of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) does not affect a property vegetation plan that was approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before the repeal of that Act and that was in force on that repeal. > > > (2) For the purposes of section 60N of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) (and section 2.8 (1) (b) of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)), the clearing of native vegetation in accordance with any such property vegetation plan is taken to be clearing in accordance with a land management (native vegetation) code under that Act. > > > (3) The following provisions of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) and the regulations under that Act continue to have effect in relation to any such property vegetation plan (other than any such plan that is taken to be a private native forestry plan under Part 5B of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051))— > > > > > (a) provisions relating to the variation of the plan, > > > > > (b) provisions relating to the termination of the plan, > > > > > (c) provisions relating to the continued operation of the plan following a change in the ownership of the land concerned, > > > > > (d) provisions relating to the registration of the plan on the title to the land concerned, > > > > > (e) provisions relating to the making of information about the plan publicly available. > > > > For that purpose, a reference in those provisions to the Minister administering that Act is to be construed as a reference to the Minister administering the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). > > > (4) Any such property vegetation plan that authorises broadscale clearing may be terminated under those provisions by the Minister at the request of the landholder concerned if all the clearing authorised by the plan has not yet been carried out. The Minister is not to terminate the plan unless a mandatory code compliant certificate is issued under section 60Y of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) that provides for a set aside area under section 60ZC of that Act (in place of the offset obligation under the plan)— > > > > > (a) that is in the same location as the offset obligation under the plan, and > > > > > (b) whose size is the same proportion to the size of the offset obligation under the plan as the size of the area previously cleared under the plan bears to the total area authorised to be cleared under the plan (unless Local Land Services varies that size to reflect the biodiversity conservation outcomes under the plan). > > > (5) This clause is subject to the provisions of any land management (native vegetation) code relating to the transition to Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) of clearing and other requirements under property vegetation plans as referred to in section 60W (3) of that Act. > > **cl 60:** Am 2018 No 40, Sch 3.3 \[4\].