Local Land Services Act 2013 No 51
60K Re-categorisation of mapped land
(1) Re-categorisation of land is the preparation and publication of a native vegetation regulatory map in accordance with this Part for any of the following purposes—(a) the designation of land that is designated on a published map as one category to another category,(b) the designation of land that is not designated as any category on a published map as land of a particular category,(c) the removal of the designation of land on a published map.(2) The Environment Agency Head is to keep the categorisation of land under review and undertake an annual review of published maps.(3) The Environment Agency Head may re-categorise land if—(a) there is an error in a published map, or(b) the Environment Agency Head obtains new or improved information about historical vegetation cover or land use for a particular landholding, or(c) in the case of category 2-regulated land that the landholder applies to be re-categorised as category 1-exempt land—the Environment Agency Head reasonably believes that the land has been lawfully cleared after the commencement of this Part in accordance with a property vegetation plan under the Native Vegetation Act 2003 that remains in force, with an approval under Division 6 or with a development consent under the Environmental Planning and Assessment Act 1979 or an approval under Part 5.1 of that Act (unless the land concerned is required to be re-vegetated under the conditions of any such approval or consent), or(d) the land is subject to a successful review or appeal of an existing categorisation or of a re-categorisation (and the re-categorisation gives effect to the decision on the review or appeal), or(e) the land is authorised to be re-categorised by a land management (native vegetation) code, or(f) the land is authorised to be re-categorised by the regulations.(4) The Environment Agency Head is required to re-categorise land if the status of the land changes so that—(a) the land becomes (or ceases to be) an area that is excluded from the operation of this Part, or(b) the land is required to be designated as land of a different category.A change in the status of land that results in the land being excluded from the operation of this Part has effect when the status of the land changes, whether or not the land has been re-categorised by the Environment Agency Head.(5) The Secretary of the Department of Planning and Environment is to notify the Environment Agency Head and the Secretary of the Department (within the meaning of this Act) of any proposed environmental planning instrument that is likely to result in land becoming (or ceasing to be) an area that is excluded from the operation of this Part or that is likely to result in a re-categorisation of a kind prescribed by the regulations.(6) Land that is category 2-regulated land cannot be re-categorised as category 1-exempt land because of—(a) any clearing activity authorised under this Part, orunless the re-categorisation is authorised by this Part, a land management (native vegetation) code or the regulations.(b) any authorised clearing activity referred to in section 60O (Clearing authorised under other legislation),(7) The Environment Agency Head is required to consult the landholders concerned before land is re-categorised and to give the landholders at least 30 days to make submissions to the Environment Agency Head about proposed re-categorisations, unless the re-categorisation has been requested by the landholder or relates to the exclusion of land from (or inclusion of land into) the operation of this Part. The regulations may make provision for consultation by individual notification to all or specified landholders of any land or by a public consultation process.(8) The Environment Agency Head, when making a determination that grasslands or other non-woody vegetation was significantly disturbed or modified on 1 January 1990 or between that date and the commencement of this Part for the purposes of a re-categorisation of the land, is to take into account any evidence provided by the landholder.(9) If the Environment Agency Head notifies the landholder of category 1-exempt land of a proposed re-categorisation of the land to category 2-regulated land, the land is taken to be category 2-regulated land until whichever of the following first occurs—(a) the Environment Agency Head notifies the landholder that the land is not to be re-categorised or the land is recategorised,(b) the period prescribed by the regulations for the purposes of this subsection expires.The Environment Agency Head is required to advise the landholder of the effect of this subsection when notifying the landholder of the proposed re-categorisation.(10) If a person commits an offence against section 60N in relation to land to which subsection (9) applies, the maximum penalty for the offence is (despite that section) a Tier 3 monetary penalty (within the meaning of the Biodiversity Conservation Act 2016).(11) The regulations may make further provision for or with respect to authorising or preventing the clearing of native vegetation during the process of the consideration of a re-categorisation of land or pending the publication of new maps to give effect to a re-categorisation decision.