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Contents (2013 - 51)
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Local Land Services Act 2013 No 51
Current version for 2 August 2019 to date (accessed 18 November 2019 at 15:03)
Part 5A Division 5 Section 60Y
60Y   Certification by Local Land Services prior to clearing—general
(1)  Local Land Services may, on the application of a landholder, issue the following certificates—
(a)  a certificate confirming that proposed clearing of native vegetation, by or on behalf of the landholder, of the kind set out in the certificate is compliant with the requirements of a specified land management (native vegetation) code (a voluntary code compliant certificate),
(b)  a certificate for the clearing of native vegetation of the kind set out in the certificate that is required under a land management (native vegetation) code before the clearing is carried out under the code (a mandatory code compliant certificate),
(c)  a certificate that authorises minor variations of a land management (native vegetation) code in its application to the landholding concerned of the kind set out in the certificate (an authorised code variation certificate).
(2)  A certificate under this section may adopt relevant terms for the certificate that are prescribed by the regulations or the land management (native vegetation) code.
(3)  An authorised code variation certificate may be combined with a voluntary code compliant certificate or a mandatory code compliant certificate.
(4)  Local Land Services may vary the terms of a certificate under this section by notice in writing to the landholder.
(5)  Local Land Services may revoke a certificate under this section by notice in writing to the landholder.
(6)  A certificate under this section remains in force for the period specified in the certificate unless sooner revoked by Local Land Services or surrendered by the landholder. The relevant land management (native vegetation) code may limit the maximum period that may be so specified in the certificate.
(7)  A certificate under this section continues to have effect in relation to any clearing of native vegetation that was carried out before the certificate expired or was revoked or surrendered.
(8)  A certificate under this section continues to have effect in relation to the completion of the clearing of native vegetation that is carried out after the certificate expires if the clearing authorised by the certificate had been substantially carried out before the expiry of the certificate.
(9)  If the relevant land management (native vegetation) code is amended or repealed after a certificate is issued under this section, the continued clearing of native vegetation in compliance with the certificate is clearing authorised by a land management (native vegetation) code.
(10)  A certificate under this section applies to the clearing of native vegetation by or on behalf of the landholder to whom it was issued and by or on behalf of any other person who becomes a landholder of the land concerned after the certificate was issued.
(11)  A landholder is not entitled to any compensation because a certificate issued under this section is revoked or its terms are varied.
(12)  The regulations may make provision for or with respect to certificates under this section, including for or with respect to the following—
(a)  the making of applications for certificates (including information to be provided by the landholder),
Note.
 See section 22 with respect to fees payable in relation to the issue of certificates.
(b)  the issue of certificates by authorised persons or bodies on behalf of Local Land Services,
(c)  the terms and form of certificates,
(d)  the amendment, revocation or surrender of certificates.
(13)  To avoid doubt, Local Land Services is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when issuing or varying a certificate under this section.