60HCategory 1-exempt land mapping

60H Category 1-exempt land mapping

60H Category 1-exempt land mapping

(1) Land is to be designated as category 1-exempt land if the Environment Agency Head reasonably believes that—

(a) the land was cleared of native vegetation as at 1 January 1990, or

(b) the land was lawfully cleared of native vegetation between 1 January 1990 and the commencement of this Part.

(2) Land is to be designated as category 1-exempt land if the Environment Agency Head reasonably believes that—

(a) the land contains low conservation value grasslands, or

(b) the land contains native vegetation that was identified as regrowth in a property vegetation plan referred to in section 9 (2) (b) of the Native Vegetation Act 2003, or

(c) the land is of a kind prescribed by the regulations as category 1-exempt land.

(3) Land is to be designated as category 1-exempt land if the land is biodiversity certified under Part 8 of the Biodiversity Conservation Act 2016 or under any Act repealed by that Act.

(4) However—

(a) land described in subsection (1) or (2) is not to be designated as category 1-exempt land if section 60I (2) requires the land to be designated as category 2-regulated land, and

(b) land described in subsection (1) (a) is not to be designated as category 1-exempt land if the land was unlawfully cleared of native vegetation after 1 January 1990, and

(c) land described in subsection (2) (a) is not to be designated as category 1-exempt land if the land was unlawfully cleared of native vegetation after 1 January 1990.

(5) The regulations may make provision for the purposes of determining whether grasslands are low conservation value grasslands for the purposes of this Division.

ss 60E–60J: Ins 2016 No 64, Sch 1 [3].