60KRe-categorisation of mapped land

60K Re-categorisation of mapped land

60K Re-categorisation of mapped land

(1) Re-categorisation of land is the preparation and publication of a native vegetation regulatory map in accordance with this Part for any of the following purposes—

(a) the designation of land that is designated on a published map as one category to another category,

(b) the designation of land that is not designated as any category on a published map as land of a particular category,

(c) the removal of the designation of land on a published map.

(2) The Environment Agency Head is to keep the categorisation of land under review and undertake an annual review of published maps.

(3) The Environment Agency Head may re-categorise land if—

(a) there is an error in a published map, or

(b) the Environment Agency Head obtains new or improved information about historical vegetation cover or land use for a particular landholding, or

(c) in the case of category 2-regulated land that the landholder applies to be re-categorised as category 1-exempt land—the Environment Agency Head reasonably believes that the land has been lawfully cleared after the commencement of this Part in accordance with a property vegetation plan under the Native Vegetation Act 2003 that remains in force, with an approval under Division 6 or with a development consent under the Environmental Planning and Assessment Act 1979 or an approval under Part 5.1 of that Act (unless the land concerned is required to be re-vegetated under the conditions of any such approval or consent), or

(d) the land is subject to a successful review or appeal of an existing categorisation or of a re-categorisation (and the re-categorisation gives effect to the decision on the review or appeal), or

(e) the land is authorised to be re-categorised by a land management (native vegetation) code, or

(f) the land is authorised to be re-categorised by the regulations.

(4) The Environment Agency Head is required to re-categorise land if the status of the land changes so that—