113Additional land to be designated as category 2-regulated land (s 60I (2) (n))

#### 113 Additional land to be designated as category 2-regulated land (s 60I (2) (n)) 113 Additional land to be designated as category 2-regulated land (s 60I (2) (n)) > > (1) Land is also to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that— > > > > > (a) the land is (or was previously) subject to a private native forestry plan approved under Part 5B of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), to a private native forestry plan that was approved under Part 5C of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) before its repeal or to a property vegetation plan that was approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before its repeal and that authorised the clearing of native vegetation for the purposes of forestry operations, or > > > > > (b) the land is subject to a conservation agreement under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or > > > > > (c) the land was, immediately before the repeal of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), subject to a property vegetation plan under that Act that was described as a conservation property vegetation plan or an incentive property vegetation plan (being land that was required to be conserved or in respect of which public funding was provided to improve biodiversity), or > > > > > (d) the land was, immediately before the repeal of the [Native Vegetation Conservation Act 1997](/view/html/repealed/current/act-1997-133), subject to a property agreement under that Act (being an agreement that has been registered), or > > > > > (e) the land was, immediately before the repeal of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010), subject to a Trust agreement under that Act, or > > > > > (f) the land contains native vegetation that is required to be retained under a condition of an authorisation that approves establishment operations for a plantation or proposed plantation under the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097), or > > > > > (g) the land contains low conservation grasslands beneath the canopy or drip line of woody vegetation (being woody vegetation that satisfies the criteria for classification of the land as category 2-regulated land), or > > > > > (h) the land is in the Southern Mallee Planning Group Region and is subject to a lease under the [Western Lands Act 1901](/view/html/repealed/current/act-1901-070) whose conditions require the conservation of the land through the prohibition of grazing and active conservation management, or > > > > > (i) the land is, by a condition of a development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) that has been notified to the Environment Agency Head, required to be set aside for nature conservation, for re-vegetation of native vegetation or as a native vegetation offset, or > > > > > (j) the land is identified by the Environment Agency Head as containing old-growth forests, on the basis of— > > > > > > > (i) the mapping of old-growth forests for the purposes of the Comprehensive Regional Assessment under the National Forest Policy Statement (being the agreement between the Commonwealth, State and Territory governments made in 1992 and so described), but > > > > > > > (ii) excluding any land containing native vegetation that does not meet the criteria for old-growth forests published jointly from time to time by the Minister for Primary Industries and the Minister for the Environment (as determined in accordance with the procedure so published), or > > > > > (k) the land is identified by the Environment Agency Head as containing rainforests, on the basis of— > > > > > > > (i) the mapping of rainforests for the purposes of the Comprehensive Regional Assessment under the National Forest Policy Statement (being the agreement between the Commonwealth, State and Territory governments made in 1992 and so described), but > > > > > > > (ii) excluding any land containing native vegetation that does not meet the criteria for rainforests published jointly from time to time by the Minister for Primary Industries and the Minister for the Environment (as determined in accordance with the procedure so published), or > > > > > (l) the land is a travelling stock reserve (unless the land is located in the Western Division of the State). > > > (2) Land that is designated as category 2-regulated land on the basis of its identification as containing old-growth forests or rainforests and the Environment Agency Head has determined under subclause (1) (j) (ii) or (k) (ii) that the land meets the relevant criteria at that time as old-growth forests or rainforests, the land is not subject to re-categorisation as a result only of a change in the relevant criteria published under subclause (1) (j) (ii) or (k) (ii). This subclause extends to the application of subclause (1) (j) or (k) under clause 108 and a designation of the land as category 2-sensitive regulated land. > > > (3) Land is not subject to re-categorisation as a result only of a change in the relevant criteria published under subclause (1) (j) (ii) or (k) (ii) if the land was determined to contain old-growth forests or rainforests in accordance with either of the following— > > > > > (a) Private Native Forestry Code of Practice Guideline No 2: Protocol for re-evaluating old-growth forest on private property (published in August 2007 by the Department of Environment and Climate Change), > > > > > (b) Private Native Forestry Code of Practice Guideline No 3: Protocol for re-evaluating rainforest on private property (published in August 2007 by the Department of Environment and Climate Change). > > > > This subclause extends to the application of subclause (1) (j) or (k) under clause 108 and a designation of the land as category 2-sensitive regulated land. > > **cl 113:** Ins 2017 (445), Sch 2 \[2\]. Am 2018 No 40, Sch 3.7 \[2\]; 2018 (628), Sch 2 \[3\] \[4\].