Application
34 Application
This Part sets out—
the only clearing of native vegetation (and of dead and non-native vegetation) that is authorised on category 2-vulnerable regulated land, and
the only clearing of native vegetation that is authorised on category 2-sensitive regulated land and other land on which the clearing of native vegetation is excluded by the regulations under section 60S (2) of the Act from the clearing authorised by a land management (native vegetation) code, and
the only clearing of native vegetation that is authorised on category 2-regulated land (other than land that is category 2-sensitive regulated land) that contains either of the following critically endangered ecological communities under the Biodiversity Conservation Act 2016—
Monaro Tableland Cool Temperate Grassy Woodland in the South Eastern Highlands Bioregion,
Werriwa Tablelands Cool Temperate Grassy Woodland in the South Eastern Highlands and South East Corner Bioregions.
Note.
Dead and non-native vegetation on category 2-vulnerable regulated land is taken to be native vegetation by the operation of section 60B (3) of the Act. Clause 124 of the Local Land Services Regulation 2014 excludes category 2-sensitive regulated land and certain other land from clearing authorised by a code.
Despite subclause (1), this Part does not apply to land that is subject to a private native forestry plan other than—
land that is subject to a private native forestry plan and designated as category 2-sensitive regulated land, or
land that is subject to a private native forestry plan and designated as category 2-vulnerable regulated land, or
land that is subject to a private native forestry plan and is required to be designated as category 2-regulated land by section 60I (2) (a) (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, or
land that is subject to a private native forestry plan and designated as category 2-regulated land (other than land that is designated as category 2-sensitive regulated land) that contains either of the critically endangered ecological communities referred to in subclause (1) (c).
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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