60ICategory 2-regulated land mapping

#### 60I Category 2-regulated land mapping 60I Category 2-regulated land mapping > > (1) Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that— > > > > > (a) the land was not cleared of native vegetation as at 1 January 1990, or > > > > > (b) the land was unlawfully cleared of native vegetation after 1 January 1990. > > > (2) Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that— > > > > > (a) the land contains native vegetation that was grown or preserved with the assistance of public funds (other than funds for forestry purposes), or > > > > > (b) the land is eligible for designation as category 2-vulnerable regulated land, or > > > > > (c) the land is subject to a private land conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (d) the land is subject to be set aside under a requirement made in accordance with a land management (native vegetation) code under this Part, or > > > > > (e) the land contains grasslands that are not low conservation value grasslands, or > > > > > (f) the land is or was subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under this Part or the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or > > > > > (g) the land is subject to an approved conservation measure that was the basis for other land being 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under Part 8 of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or under any Act repealed by that Act, or > > > > > (h) the land is an offset under a property vegetation plan under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) or is a set aside under a Ministerial order under Division 3 of Part 6 of the [Native Vegetation Regulation 2013](/view/html/repealed/current/sl-2013-0543), or > > > > > (i) the land is in the coastal wetlands and littoral rainforests area of the coastal zone referred to in the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020), or > > > > > (j) the land is identified as koala habitat (of a kind prescribed by the regulations) in a plan of management made under[State Environmental Planning Policy No 44—Koala Habitat Protection](/view/html/repealed/current/epi-1995-0005), or > > > > > (k) the land is a declared Ramsar wetland within the meaning of the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (l) the land has (subject to the regulations) been mapped by the Environment Agency Head as land containing critically endangered species of plants under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (m) the land has been mapped by the Environment Agency Head as land containing a critically endangered ecological community under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (n) the land is of a kind prescribed by the regulations as category 2-regulated land. > > > (3) However, land described in subsection (1) is not to be designated as category 2-regulated land if section 60H (2) or (3) requires the land to be designated as category 1-exempt land. > > **ss 60E–60J:** Ins 2016 No 64, Sch 1 \[3\].