Nature Conservation (Plants) Regulation 2020
sec.134Agreed buffer zone for area to be cleared
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sec.134 Agreed buffer zone for area to be cleared
A person may ask the chief executive, in the approved form, to agree to reduce the area of the usual buffer zone for an area to be cleared. The chief executive may agree to the request if the chief executive is satisfied— it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone. the request to reduce the area is consistent with any requirements of the flora survey guidelines. As soon as practicable after making a decision on the request, the chief executive must give the person notice of the decision. In this section— usual buffer zone , for an area to be cleared, means the area mentioned in section 133 (2) (a) . (sec.134-ssec.1) A person may ask the chief executive, in the approved form, to agree to reduce the area of the usual buffer zone for an area to be cleared. (sec.134-ssec.2) The chief executive may agree to the request if the chief executive is satisfied— it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone. the request to reduce the area is consistent with any requirements of the flora survey guidelines. (sec.134-ssec.3) As soon as practicable after making a decision on the request, the chief executive must give the person notice of the decision. (sec.134-ssec.4) In this section— usual buffer zone , for an area to be cleared, means the area mentioned in section 133 (2) (a) .
- (a) it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or Example— The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone.
- (b) the request to reduce the area is consistent with any requirements of the flora survey guidelines.