sec.10Sequential clearing in koala district A or B

sec.10 Sequential clearing in koala district A or B

A person clearing koala habitat trees in koala district A or koala district B must ensure the clearing is carried out in a way that complies with the sequential clearing conditions. Maximum penalty—120 penalty units. This section applies in addition to any other requirement applying to the clearing under an Act. In this section— sequential clearing conditions means all of the following conditions— clearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site ) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by— carrying out the clearing in stages; and ensuring not more than the following is cleared in any 1 stage— for a clearing site with an area of 6ha or less—50% of the site’s area; for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site; clearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site; no koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared. (sec.10-ssec.1) A person clearing koala habitat trees in koala district A or koala district B must ensure the clearing is carried out in a way that complies with the sequential clearing conditions. Maximum penalty—120 penalty units. (sec.10-ssec.2) This section applies in addition to any other requirement applying to the clearing under an Act. (sec.10-ssec.3) In this section— sequential clearing conditions means all of the following conditions— clearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site ) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by— carrying out the clearing in stages; and ensuring not more than the following is cleared in any 1 stage— for a clearing site with an area of 6ha or less—50% of the site’s area; for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site; clearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site; no koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared.