Contents (2003 - 103)
Native Vegetation Act 2003 No 103
10 Meaning of protected regrowth
(1) For the purposes of this Act, protected regrowth means any native vegetation that is regrowth and that is identified as protected regrowth for the purposes of this Act in:(a) a property vegetation plan, or(b) an environmental planning instrument, or(c) a natural resource management plan of a kind prescribed by the regulations, or(d) an interim protection order under this section.(2) For the purposes of this Act, protected regrowth also includes any native vegetation that is regrowth and that has been grown or preserved (whether before or after the commencement of this Act) with the assistance of public funds granted for biodiversity conservation purposes.(3) Before native vegetation is identified as protected regrowth in an instrument referred to in subsection (1) (a)–(c), the person or body making or approving the instrument must be satisfied that, based on available scientific evidence, the preservation of the vegetation is consistent with State priorities for local land services within the meaning of the Local Land Services Act 2013.(4) Before native vegetation is identified as protected regrowth in a property vegetation plan, the Minister is to have regard to the social and economic implications of the preservation of the vegetation.(5) The Minister may make and publish an interim protection order for the purpose of protecting regrowth from being cleared pending an assessment of whether it should be identified as protected regrowth.(6) The regulations may make provision for or with respect to the making, duration and revocation of, and other matters relating to, interim protection orders under this section.(7) The landholder of any land affected by an interim protection order under this section may appeal to the Land and Environment Court against the making of the order.