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](/view/html/inforce/current/act-2012-096) before its repeal (or a property vegetation plan that was approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before its repeal and that is or was taken to be such a private native forestry plan), but 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 \[5\].