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the Act or under a Ministerial order under Division 3 of Part 6 of the [Native Vegetation Regulation 2013](/view/html/repealed/current/sl-2013-0543), > > > (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](/view/html/inforce/current/act-2012-096) before its repeal, or > > > > > (iii) a property vegetation plan that was approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before its repeal and that authorised the clearing of native vegetation for the purposes of forestry operations, > > > (c) an area that was, immediately before the repeal of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010), subject to a Trust agreement under that Act, > > > (d) an area that is subject to a conservation agreement under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), > > > (e) an area that was, immediately before the repeal of the [Native Vegetation Conservation Act 1997](/view/html/repealed/current/act-1997-133), subject to a registered property agreement under that Act, > > > (f) an area that was, immediately before the repeal of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103)— > > > > > (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, > > > (h) an area that is subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under— > > > > > (i) the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) (including a requirement that was made under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before its repeal and that is taken to be remedial action required under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)), or > > > > > (ii) the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), > > > (i) an area that is subject to an approved conservation measure that was the basis for the biodiversity certification of land under Part 8 of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or under any Act repealed by that Act, > > > (j) an area that, by a condition of a development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), is required to be land set aside for nature conservation, for re-vegetation of native vegetation or as a native vegetation offset, > > > (k) an area that 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), > > > (l) an area in the Southern Mallee Planning Group Region that 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 area through the prohibition of grazing and active conservation management. > > Note. > > Section 60ZC (4) also excludes from set aside areas land covered by private land conservation agreements under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) and certain other land subject to obligations to set aside from clearing under agreements or statutory obligations. > > **cl 129:** Ins 2017 (445), Sch 2 \[2\]. Am 2018 No 40, Sch 3.7 \[6\].