Compliance or enforcement action required for determination that land was unlawfully cleared (s 60J (3))
115 Compliance or enforcement action required for determination that land was unlawfully cleared (s 60J (3))
For the purposes of section 60J (3) of the Act, any of the following compliance or enforcement action is required to have been taken for a determination that land was unlawfully cleared—
the conviction of a person for a relevant offence in relation to the clearing (or a finding of guilt in respect of the offence),
an order of a court in civil proceedings instituted by any person to remedy or restrain a contravention of a provision that is a relevant offence in relation to the clearing.
In this clause—
relevant offence means an offence under any of the following provisions—
section 2.2, 2.3 or 2.4 of the Biodiversity Conservation Act 2016,
section 125 of the Environmental Planning and Assessment Act 1979, but only in respect of the carrying out of clearing that required development consent under State Environmental Planning Policy No 46—Protection and Management of Native Vegetation,
section 60N, 60X, 60ZC (6) or 60ZZA of the Local Land Services Act 2013,
section 69SA of the Forestry Act 2012,
section 118A (2), 118C (1) or 118D (1) of the National Parks and Wildlife Act 1974,
section 12 of the Native Vegetation Act 2003,
section 17 of the Native Vegetation Conservation Act 1997.
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