Nature Conservation (Plants) Regulation 2020
sec.48High risk areas
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sec.48 High risk areas
An exemption applies to a person who takes a protected plant in an area within a high risk area by clearing (the clearing area ) if— the person prepares a flora survey report for the clearing impact area; and either— the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and the person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.
- (a) the person prepares a flora survey report for the clearing impact area; and
- (b) either— (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and
- (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or
- (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and
- (c) the person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.
- (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or
- (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and