129Additional areas of land that cannot be established as set aside areas (s 60ZC (4) (c))

129 Additional areas of land that cannot be established as set aside areas (s 60ZC (4) (c))

129 Additional areas of land that cannot be established as set aside areas (s 60ZC (4) (c))

The following areas are excluded from being a set aside area—

(a) an area that is already a set aside area under the Act or under a Ministerial order under Division 3 of Part 6 of the Native Vegetation Regulation 2013,

(b) an area that is subject to—

(i) a private native forestry plan approved under Part 5B of the Act, or

(ii) a private native forestry plan that was approved under Part 5C of the Forestry Act 2012 before its repeal, or

(iii) a property vegetation plan that was approved under the Native Vegetation Act 2003 before its repeal and that authorised the clearing of native vegetation for the purposes of forestry operations,

(c) an area that was, immediately before the repeal of the Nature Conservation Trust Act 2001, subject to a Trust agreement under that Act,

(d) an area that is subject to a conservation agreement under the National Parks and Wildlife Act 1974,

(e) an area that was, immediately before the repeal of the Native Vegetation Conservation Act 1997, subject to a registered property agreement under that Act,

(f) an area that was, immediately before the repeal of the Native Vegetation Act 2003—

(i) subject to an offset required by a property vegetation plan under that Act, or

(ii) a conservation area, or an area subject to incentive funding, under a property vegetation plan under that Act,

(g) land that is required to be designated as category 2-regulated land by section 60I (2) (a) of the Act (that is, because the land contains native vegetation that was grown or preserved with the assistance of public funds other than funds for forestry purposes), but only for the period during which any obligations attached to the receipt of funding are ongoing,