Document ID: chunk:federal_register_of_legislation:F2025L00253:clause:8_46:p2
Version: federal_register_of_legislation:F2025L00253
Segment Type: clause
Provision Reference: sch 8 cl 46 (pt 2/2)
Character Range: 75739–78229

are the reference ecosystems for the activity area or sub-areas.

Selection—prescribed vegetation map does not appear accurate
 (10) If it appears that the prescribed vegetation map is likely not to be correct, the project proponent must use the Prescribed Vegetation Classification System to determine the eligible native vegetation type or types that were most likely to be present on the land prior to it being cleared or pre‑1750 (whichever is later), having regard to the biophysical characteristics of the land and the type of ecosystem it is currently likely to support.
 (11) For subsection (10), a native vegetation type is eligible if it occurs, or previously occurred, within the relevant eligible region in which the land is located, or an adjacent IBRA subregion.
 (12) The project proponent must assign:
 (a) a single eligible native vegetation type to the activity area; or
 (b) 2 or more eligible native vegetation types to different parts of the activity area (the sub-areas of the activity area) in accordance with paragraphs (7)(a) and (b);
 (13) The native vegetation types so assigned are the reference ecosystems for the activity area or the sub-areas.

Exception—changes since clearing too great
 (14) If there is compelling evidence that the biophysical attributes of an activity area, of a part of a proposed activity area, have changed to such an extent that revegetation towards the pre-clearing (or pre‑1750) reference ecosystem is not likely to be feasible, the project proponent may designate an alternative eligible native vegetation type as the reference ecosystem for the activity area, or for the part of the activity area (a sub-area of the activity area).
 (15) For subsection (14), a native vegetation type is eligible if it occurs, or previously occurred, within the relevant eligible region in which the land is located, or an adjacent IBRA subregion; and
 (a) is suited to the biophysical attributes of the land and the type of ecosystem it is currently likely to support; and
 (b) is from the same major vegetation group as the native vegetation type that was most likely to be present on the land prior to it being cleared or pre‑1750.
 (16) If changes to the biophysical attributes of land mean it is not likely to be possible to revegetate that land towards a native vegetation type that satisfies subsection (15), the land must not be included in a proposed activity area.

Division 2.9—Monitoring, measuring and assessing biodiversity outcomes