sec.46Areas other than high risk areas—proponent for particular projects

sec.46 Areas other than high risk areas—proponent for particular projects

An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if— the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement. In this section— environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required. relevant Act means any of the following laws— the Environmental Protection Act 1994 ; the State Development and Public Works Organisation Act 1971 ; the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . relevant project means a project for which an environmental impact statement is required under a relevant Act. relevant TOR date , for an environmental impact statement for a relevant project, means— for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project. (sec.46-ssec.1) An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if— the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement. (sec.46-ssec.2) In this section— environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required. relevant Act means any of the following laws— the Environmental Protection Act 1994 ; the State Development and Public Works Organisation Act 1971 ; the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . relevant project means a project for which an environmental impact statement is required under a relevant Act. relevant TOR date , for an environmental impact statement for a relevant project, means— for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.