sec.100Clearing of regulated regrowth vegetation in retrospective period not an offence

### sec.100 Clearing of regulated regrowth vegetation in retrospective period not an offence The repealed Integrated Planning Act 1997 , section 4.3.1(1), to the extent the provision relates to unauthorised development, does not apply to a person carrying out unauthorised development. However, if an official reasonably believes a person has carried out unauthorised development, the official may give the person a restoration notice for the development. In this section— unauthorised development means development that is the clearing of regulated regrowth vegetation if— any of the following apply— the clearing does not comply with the regrowth vegetation code; there is no moratorium exemption in force for the development; the clearing is exempt development; and the clearing was carried out in the retrospective period. s 100 prev s 100 ins 2000 No. 35 s 24 exp 16 September 2000 (see prev s 100) pres s 100 ins 2009 No. 43 s 48 (retro) amd 2016 No. 27 s 658 (sec.100-ssec.1) The repealed Integrated Planning Act 1997 , section 4.3.1(1), to the extent the provision relates to unauthorised development, does not apply to a person carrying out unauthorised development. (sec.100-ssec.2) However, if an official reasonably believes a person has carried out unauthorised development, the official may give the person a restoration notice for the development. (sec.100-ssec.3) In this section— unauthorised development means development that is the clearing of regulated regrowth vegetation if— any of the following apply— the clearing does not comply with the regrowth vegetation code; there is no moratorium exemption in force for the development; the clearing is exempt development; and the clearing was carried out in the retrospective period. - (a) any of the following apply— (i) the clearing does not comply with the regrowth vegetation code; (ii) there is no moratorium exemption in force for the development; (iii) the clearing is exempt development; and - (i) the clearing does not comply with the regrowth vegetation code; - (ii) there is no moratorium exemption in force for the development; - (iii) the clearing is exempt development; and - (b) the clearing was carried out in the retrospective period. - (i) the clearing does not comply with the regrowth vegetation code; - (ii) there is no moratorium exemption in force for the development; - (iii) the clearing is exempt development; and