sec.20DWhen PMAV may be replaced

### sec.20D When PMAV may be replaced The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ). A new PMAV may apply to— part or all of the previous area; or part or all of the previous area and another area. Subsection (1) applies only— if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or to change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or for a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement. Despite subsection (3) , the chief executive may replace a PMAV for an area if— for a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or for a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or for a PMAV made under section 20B (1) (d) , (e) , (f) or (g) — the area contains remnant vegetation; or the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or for a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error. A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section. In this section— affected owner means an owner of land proposed to be included in a new PMAV if any of the following apply— the owner applied under section 20C for the making of the new PMAV; there was not a PMAV for the land or part of the land; the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV. s 20D ins 2004 No. 1 s 14 amd 2009 No. 43 s 21 (retro); 2013 No. 24 s 28 ; 2016 No. 27 s 630 ; 2018 No. 7 s 13 ; 2023 No. 2 s 98 (sec.20D-ssec.1) The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ). (sec.20D-ssec.2) A new PMAV may apply to— part or all of the previous area; or part or all of the previous area and another area. (sec.20D-ssec.3) Subsection (1) applies only— if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or to change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or for a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement. (sec.20D-ssec.3A) Despite subsection (3) , the chief executive may replace a PMAV for an area if— for a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or for a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or for a PMAV made under section 20B (1) (d) , (e) , (f) or (g) — the area contains remnant vegetation; or the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or for a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error. (sec.20D-ssec.4) A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section. (sec.20D-ssec.5) In this section— affected owner means an owner of land proposed to be included in a new PMAV if any of the following apply— the owner applied under section 20C for the making of the new PMAV; there was not a PMAV for the land or part of the land; the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV. - (a) part or all of the previous area; or - (b) part or all of the previous area and another area. - (a) if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2) ; or - (b) to reflect a change to a regional ecosystem, in an area mentioned in subsection (2) , under division 7A ; or - (c) to change a category A area mentioned in section 20AL (f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or - (d) for a matter other than a matter mentioned in paragraph (a) , (b) or (c) , if each of the affected owners agrees to the replacement. - (a) for a PMAV made under section 20B (1) (a) for a declared area under division 4 , subdivision 2 —the declaration for the area ends; or - (b) for a PMAV made under section 20B (1) (b) —the offset in relation to the offset area ends; or - (c) for a PMAV made under section 20B (1) (c) —the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or - (d) for a PMAV made under section 20B (1) (d) , (e) , (f) or (g) — (i) the area contains remnant vegetation; or (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or - (i) the area contains remnant vegetation; or - (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or - (e) for a PMAV made under section 20B (1) (h) —the Land Act tenure over the area is not converted to another form of tenure; or - (f) for a PMAV made under section 20B (1) (i) —the regulated vegetation management map is amended to correct the error. - (i) the area contains remnant vegetation; or - (ii) the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or - (a) the owner applied under section 20C for the making of the new PMAV; - (b) there was not a PMAV for the land or part of the land; - (c) the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV.