Local Land Services Act 2013

Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that—

the land was not cleared of native vegetation as at 1 January 1990, or

the land was unlawfully cleared of native vegetation after 1 January 1990.

Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that—

the land contains native vegetation that was grown or preserved with the assistance of public funds (other than funds for forestry purposes), or

the land is eligible for designation as category 2-vulnerable regulated land, or

the land is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016, or

the land is subject to be set aside under a requirement made in accordance with a land management (native vegetation) code under this Part, or

the land contains grasslands that are not low conservation value grasslands, or

the land is or was subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under this Part or the Biodiversity Conservation Act 2016 or under the Native Vegetation Act 2003 or the National Parks and Wildlife Act 1974, or

the land is subject to an approved conservation measure that was the basis for other land being biodiversity certified under Part 8 of the Biodiversity Conservation Act 2016 or under any Act repealed by that Act, or

the land is an offset under a property vegetation plan under the Native Vegetation Act 2003 or is a set aside under a Ministerial order under Division 3 of Part 6 of the Native Vegetation Regulation 2013, or

the land is in the coastal wetlands and littoral rainforests area of the coastal zone referred to in the Coastal Management Act 2016, or

the land is identified as koala habitat (of a kind prescribed by the regulations) in a plan of management made underState Environmental Planning Policy No 44—Koala Habitat Protection, or

the land is a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or

the land has (subject to the regulations) been mapped by the Environment Agency Head as land containing critically endangered species of plants under the Biodiversity Conservation Act 2016, or

the land has been mapped by the Environment Agency Head as land containing a critically endangered ecological community under the Biodiversity Conservation Act 2016, or

the land is of a kind prescribed by the regulations as category 2-regulated land.

However, land described in subsection (1) is not to be designated as category 2-regulated land if section 60H (2) or (3) requires the land to be designated as category 1-exempt land.