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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 13 November 2019 at 15:27)
Part 5A Division 5 Section 60ZC
60ZC   Provisions relating to set aside areas
(1)  This section applies where a land management (native vegetation) code requires a set aside area for native vegetation on part of a landholding and clearing of native vegetation on any other part of the landholding is carried out in reliance on the authority conferred by the code. This section does not apply if the clearing of the native vegetation on a set aside area is carried out in accordance with an approval under Division 6. This section applies despite any authorisation to clear native vegetation for an allowable activity under Division 4 and Schedule 5A.
(2)  The land management (native vegetation) code is to contain the requirements for set aside areas under the terms of a mandatory code compliant certificate, including the characteristics of areas suitable to be set aside, the size of the area to be set aside, any re-vegetation or other management actions required or prohibited in the set aside area, when the area is to be set aside and the consent to the set aside of landholders or other persons with a specified interest in the area.
(3)  Clearing under the land management (native vegetation) code may not be carried out until the set aside area is registered on a public register of set aside areas maintained by Local Land Services in accordance with the regulations.
(4)  A set aside area cannot be an area—
(a)  that is covered by a private land conservation agreement under the Biodiversity Conservation Act 2016, or
(b)  that is set aside from clearing for biodiversity purposes because of any other agreement or any statutory or other legal obligation (other than under a law of the Commonwealth that relates to the same impacts arising from the same activity), or
(c)  that is of a kind that the regulations exclude from being a set aside area.
(5)  The landholder of any land containing a set aside area (including any future landholder of the area) has the following obligations—
(a)  the landholder is required to comply with the obligations of the relevant land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to establishing the set aside area,
(b)  the landholder must not clear native vegetation on the set aside area, other than—
(i)  in the course of land management activities authorised or required by that code or certificate, or
(ii)  for allowable activities under Schedule 5A that improve the native vegetation on the set aside area as determined under that code and certificate,
(c)  the landholder must carry out such land management actions as are required by that code or certificate to protect the biodiversity values of the set aside area or other part of the landholding concerned.
(6)  A landholder who contravenes an obligation of the landholder under subsection (5) is guilty of an offence if the set aside area and obligation concerned are recorded on the public register of set aside areas.
Maximum penalty—
(a)  in the case of a corporation—$1,650,000, or
(b)  in the case of an individual—$330,000.
(7)  The obligations of landholders under this section have effect despite section 42 of the Real Property Act 1900.
(8)  The regulations may make provision for or with respect to set aside areas, including the following—
(a)  the registration of set aside areas (and any changes to set aside areas) on the public register of set aside areas and inquiries in connection with information on the register,
(b)  the notification of set aside areas to relevant local councils,
(c)  authorising Local Land Services to change the location of a set aside area to an area of equal or higher biodiversity value or to reduce or extinguish a set aside area if clearing on the set aside area under other legislative authority is inconsistent with the continuation of the set aside area,
(d)  authorising Local Land Services to change or suspend land management activities required to be carried out on set aside areas.
 The Environmental Planning and Assessment Act 1979 and the instruments made under that Act (and the biodiversity offsets scheme under the Biodiversity Conservation Act 2016) may deal with the obligations of planning authorities with respect to the impact of development on set aside areas and relevant offsets for any loss of biodiversity values associated with clearing for development in a set aside area.