51Significant disturbance or modification of native vegetation—the Act, s 60J(2)

51 Significant disturbance or modification of native vegetation—the Act, s 60J(2)

51 Significant disturbance or modification of native vegetation—the Act, s 60J(2)

(1) Native vegetation is taken to be significantly disturbed or modified if—

(a) a detectable variation occurring in the structure or composition of the vegetation, between 1 January 1990 and the commencement of the Act, Part 5A, is shown by—

(i) during the transitional period referred to in the Act, section 60F—aerial or satellite imagery, or maps and other evidence given by the landholder, or

(ii) otherwise—aerial or satellite imagery, and

(b) the variation—

(i) is consistent with the management of pasture or crops for agricultural purposes, and

(ii) is not the result of grazing only, and

(iii) occurred in at least 2 distinct periods, each a minimum of 12 months, before the commencement of the Act, Part 5A.

(2) Maps and other evidence given by a landholder under this section must be kept by the landholder for at least 5 years after any clearing carried out in reliance on the information.