Nature Conservation (Plants) Regulation 2020
sec.47Areas other than high risk areas—other persons
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sec.47 Areas other than high risk areas—other persons
An exemption applies to a person, other than a proponent mentioned in section 46 , who takes a protected plant in an area by clearing (the clearing area ) if— the person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the person 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 12 months after the day the person obtains or receives the copy of the flora survey trigger map.
- (a) the person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and
- (b) the flora survey trigger map shows the clearing area is not within a high risk area; and
- (c) either— (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or (ii) the person 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
- (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or
- (ii) the person 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
- (d) the taking of the plant happens within 12 months after the day the person obtains or receives the copy of the flora survey trigger map.
- (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or
- (ii) the person 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