Div 9Miscellaneous

Division 9—Miscellaneous 24—Land subject to biodiversity agreement Clearance or taking of native plants on land that is subject to a biodiversity agreement provided that the clearance or taking is undertaken in accordance with any conditions of that agreement and any biodiversity management plan that relates to the clearance or taking. 25—Fungi and algae Clearance or taking of fungi or algae, other than fungi or algae of a prescribed species. 26—Firewood (1) Clearance or taking of native plants that is solely for the purposes of providing firewood for use by the owner of the land on which the native plants are growing or situated for the purposes of domestic heating or cooking if— (a) the quantity of firewood provided by the clearance or taking when aggregated with the quantity of firewood (if any) previously provided by clearance or taking under this clause (or a corresponding provision of the repealed regulations) and not yet burnt does not exceed 6 m³ when calculated over the immediately preceding period of 2 years; and (b) the plants have— (i) in the case of a plant with a trunk—a trunk circumference of 600 mm or less at 300 mm from the base of the plant; or (ii) in any other case—a stem circumference of 200 mm or less at 300 mm from the base of the plant; and (c) in the case of living native plants—the clearance or taking does not kill the plants, does not prevent regrowth and is undertaken at least 300 mm above the base of the plant. (a) native plants that are growing or situated on land that is subject to a biodiversity agreement; or (b) clearance or taking of native plants established as a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or (i) a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or (ii) a condition imposed in connection with an approval granted in relation to clearance of native vegetation under the repealed regulations. 27—Regrowth (a) the land on which the native plants are growing or situated has been lawfully cleared within 5 years immediately before the proposed clearance occurs; and (b) the clearance or taking is necessary to maintain the land so that it can continue to be used for the purpose for which, and to the extent to which, it had been used within the immediately preceding 5 years; and (c) the native plants to be cleared or taken consist only of plants or parts of plants that have grown or have regrown in the immediately preceding 5 years. (2) Subclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement. 28—Conservation, restoration and enhancement of biodiversity Clearance or taking of native plants for the purposes of conserving, restoring or enhancing biodiversity if it is undertaken in accordance with— (a) Council guidelines relating to clearance or taking of that kind; and (b) if the guidelines referred to in paragraph (a) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking. 29—Grazing practices (1) Clearance or taking of native plants by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the land, provided that the manner and rate of grazing is consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock during the previous 10 years. (2) Clearance or taking of native plants by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the land where the manner and rate of grazing is not consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock during the previous 10 years if the clearance or taking is undertaken in accordance with— (a) Council guidelines relating to clearance or taking of that kind; and (b) if the guidelines referred to in paragraph (a) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking. (3) In this clause— degradation of land has the same meaning as in the Pastoral Land Management and Conservation Act 1989. 30—Maintenance of existing agriculture, forestry or farming (1) Clearance or taking of native plants that are growing or situated on land that has been consistently used for agricultural, forestry or primary production purposes (other than grazing) as part of a commercial enterprise in the immediately preceding 10 years if— (a) the clearance or taking is undertaken for the purposes of maintaining the existing use of the land and will not cause permanent degradation or loss of native plants; and (b) the clearance or taking is undertaken in accordance with— (i) Council guidelines relating to clearance or taking of that kind; and (ii) if the guidelines referred to in subparagraph (i) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking. (2) Subclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement. 31—Licence under Aquaculture Act Clearance or taking of native plants consistent with a licence under the Aquaculture Act 2001. 32—Cultana Training Area (1) Clearance or taking of native plants that are growing or situated in the Cultana Training Area if the clearance or taking is carried out by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force. (2) Subclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement. 33—Maintenance pruning Taking a native plant from public land or local government land (within the meaning of the Local Government Act 1999) provided that it is taken by the owner or person with the care, control or management of that land for the purposes of maintaining those plants in accordance with Council guidelines relating to taking of that kind. 34—Dead plants Clearance or taking of a dead native plant, or part of a plant that is dead, unless the plant is of a class prescribed by the regulations for the purposes of this clause. Part 3—Dealing with native plants 35—Commercial floriculture Dealing with a native plant in the course of commercial floriculture that was intentionally sown or planted by a person for that purpose. Part 4—Assisting in regulated act or activity 36—Assisting in regulated act or activity An act or activity referred to in section 42(1) carried out or undertaken by a person (an assistant) assisting a person (the authorised person) who is taken to hold an authorisation to carry out or undertake the act or activity if the act or activity carried out or undertaken by the assistant is carried out or undertaken in accordance with any condition of, or requirement, restriction or limitation applying in respect of, the authorisation taken to be held by the authorised person.