108Additional sub-category of regulated land: category 2-sensitive regulated land (s 60G (3) (c))

#### 108 Additional sub-category of regulated land: category 2-sensitive regulated land (s 60G (3) (c)) 108 Additional sub-category of regulated land: category 2-sensitive regulated land (s 60G (3) (c)) > > (1) A native vegetation regulatory map may also designate category 2-sensitive regulated land as a sub-category of category 2-regulated land. > > > (2) Land is to be designated as category 2-sensitive regulated land if the Environment Agency Head reasonably believes that— > > > > > (a) the land is required to be designated as category 2-regulated land by section 60I (2) (f) of the Act (that is, because the land is in an area that is or was subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before its repeal) but only for the period during which that requirement is in effect, or > > > > > (b) the land is required to be designated as category 2-regulated land by section 60I (2) (c), (d) or (g)–(m) of the Act, or > > > > > (c) the land is required to be designated as category 2-regulated land by clause 113 (except subclause (1) (a), (c), (g) or (l)), or > > > > > (d) (Repealed) > > > > > (e) the land continues to be subject to a property vegetation plan under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) that is described as a conservation property vegetation plan or an incentive property vegetation plan (being land that is required to be conserved or in respect of which public funding was provided to improve biodiversity), or > > > > > (f) the land contains high conservation value grasslands or other groundcover— > > > > > > > (i) as determined under the “Interim Grasslands and other Groundcover Assessment Method” published by the Minister for the Environment in the Gazette on 25 August 2017, or > > > > > > > (ii) as determined by an independent field assessment undertaken before the commencement of Part 5A of the Act, or > > > > > (g) the land has been recommended by the Environment Agency Head under section 3.3 (1) (a) of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) for declaration as an area of outstanding biodiversity value (unless a determination has been made not to proceed with or adopt the recommendation). > > > (3) Sections 60K, 60L and 60M of the Act extend to the categorisation of land as category 2-sensitive regulated land. > > > (4) An area of the State to which Part 5A of the Act applies is, during the period from the commencement of that Part until the area has been designated on a native vegetation regulatory map, taken to be category 2-sensitive regulated land if the land is so designated on a transitional native vegetation regulatory map published by the Environment Agency Head. > > > (5) Despite subclause (2) (b), land that is identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” by [State Environmental Planning Policy (Coastal Management) 2018](/view/html/repealed/current/epi-2018-0106) is to be designated category 2-regulated land (and not category 2-sensitive regulated land) if that land is required to be designated as category 2-regulated land only by section 60I (2) (i) of the Act. > > Note. > > Category 2-sensitive regulated land (including land taken to be so categorised under subclause (4)) is not authorised to be cleared under a land management (native vegetation) code—see clause 124. > > **cl 108:** Ins 2017 (445), Sch 2 \[2\]. Am 2018 (628), Sch 2 \[2\]; 2019 (78), Sch 2.