114Determining whether native vegetation has been significantly disturbed or modified (s 60J (2))

#### 114 Determining whether native vegetation has been significantly disturbed or modified (s 60J (2)) 114 Determining whether native vegetation has been significantly disturbed or modified (s 60J (2)) > > (1) Native vegetation that comprises grasslands or other non-woody vegetation is taken to have been significantly disturbed or modified (and therefore cleared) only if— > > > > > (a) there has been a detectable variation (from information obtained from aerial or satellite imagery) in the structure or composition, or both, of non-woody vegetation, and > > > > > (b) that variation is consistent with management of pasture or crops for agricultural purposes, and > > > > > (c) that variation has been sustained for at least 12 months on more than one occasion before the commencement of Part 5A of the Act, and > > > > > (d) that variation has not been caused only by grazing on the land, and > > > > > (e) that variation occurred (from information obtained from aerial or satellite imagery) between 1 January 1990 and the date of commencement of Part 5A of the Act. > > > (2) During the transitional period referred to in section 60F of the Act, the information that may be used for the purposes of this clause includes information obtained from a source other than from aerial or satellite imagery, but only if the landholder has prepared a record of the information and a map showing the areas to which it applies. The landholder is required to retain the record and map for at least 5 years after any clearing that is carried out in reliance on that information. > > **cl 114:** Ins 2017 (445), Sch 2 \[2\].