60ZCProvisions relating to set aside areas

60ZC Provisions relating to set aside areas

60ZC Provisions relating to set aside areas

(1) This section applies where a land management (native vegetation) code requires a set aside area for native vegetation on part of a landholding and clearing of native vegetation on any other part of the landholding is carried out in reliance on the authority conferred by the code. This section does not apply if the clearing of the native vegetation on a set aside area is carried out in accordance with an approval under Division 6. This section applies despite any authorisation to clear native vegetation for an allowable activity under Division 4 and Schedule 5A.

(2) The land management (native vegetation) code is to contain the requirements for set aside areas under the terms of a mandatory code compliant certificate, including the characteristics of areas suitable to be set aside, the size of the area to be set aside, any re-vegetation or other management actions required or prohibited in the set aside area, when the area is to be set aside and the consent to the set aside of landholders or other persons with a specified interest in the area.

(3) Clearing under the land management (native vegetation) code may not be carried out until the set aside area is registered on a public register of set aside areas maintained by Local Land Services in accordance with the regulations.

(4) A set aside area cannot be an area—

(a) that is covered by a private land conservation agreement under the Biodiversity Conservation Act 2016, or

(b) that is set aside from clearing for biodiversity purposes because of any other agreement or any statutory or other legal obligation (other than under a law of the Commonwealth that relates to the same impacts arising from the same activity), or

(c) that is of a kind that the regulations exclude from being a set aside area.

(5) The landholder of any land containing a set aside area (including any future landholder of the area) has the following obligations—

(a) the landholder is required to comply with the obligations of the relevant land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to establishing the set aside area,

(b) the landholder must not clear native vegetation on the set aside area, other than—