116Additional grounds on which land is authorised to be re-categorised to category 1-exempt land (s 60K (3) (f))

116 Additional grounds on which land is authorised to be re-categorised to category 1-exempt land (s 60K (3) (f))

116 Additional grounds on which land is authorised to be re-categorised to category 1-exempt land (s 60K (3) (f))

(1) An additional ground on which the Environment Agency Head may re-categorise land from category 2-regulated land to category 1-exempt land is if—

(a) the land was unlawfully cleared between 1 January 1990 and the date of commencement of Part 5A of the Act, and

(b) the land was subsequently lawfully cleared, after the vegetation had regrown, between 1 January 1990 and the date of commencement of Part 5A of the Act, and

(c) the landholder has requested re-categorisation of the land on the basis of that lawful clearing.

(2) A further additional ground on which the Environment Agency Head may re-categorise land from category 2-regulated land to category 1-exempt land is if—

(a) the land—

(i) was subject to a private native forestry plan approved under Part 5B of the Act or under Part 5C of the Forestry Act 2012 before its repeal (or a property vegetation plan that was approved under the Native Vegetation Act 2003 before its repeal and that is or was taken to be such a private native forestry plan), but

(ii) has been subsequently excised from that plan by a variation of that plan or that plan has ceased to have effect, and

(b) the land had been cleared of native vegetation when the plan was made, and

(c) the land would otherwise be required to be categorised as category 1-exempt land, and

(d) the landholder requests the land to be categorised as category 1-exempt land.

cl 116: Ins 2017 (445), Sch 2 [2]. Am 2018 No 40, Sch 3.7 [5]; 2018 (628), Sch 2 [5].