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regrowth in a property vegetation plan referred to in section 9 (2) (b) of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), or 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under Part 8 of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or under any Act repealed by that Act.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 \[3\].