Category 2-sensitive regulated land and certain other land excluded from application of codes (s 60S (2))
124 Category 2-sensitive regulated land and certain other land excluded from application of codes (s 60S (2))
The following land is excluded from the regulated rural area in which clearing of native vegetation is authorised by a land management (native vegetation) code—
category 2-sensitive regulated land,
land that is required to be designated as category 2-regulated land by section 60I (2) (a) of the Act (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,
land that is subject to a private native forestry plan that was approved under Part 5C of the Forestry Act 2012 before the repeal of that Part,
land that is subject to a private native forestry plan under Part 5B of the Act.
Subclause (1) (a) does not apply to land that is category 2-sensitive regulated land only because it is subject to be set aside under a requirement made in accordance with a land management (native vegetation) code and any clearing of native vegetation on the set aside area is permitted by that code as referred to in section 60ZC (5) (b) of the Act.
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