Nature Conservation (Plants) Regulation 2020
sec.55Area already cleared—high risk areas
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sec.55 Area already cleared—high risk areas
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )— an exemption under section 48 ; an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and the taking is only to the same extent as the taking that is or was lawful under the first exemption; and the taking happens within 10 years from the day the person— for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.
- (a) the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )— (i) an exemption under section 48 ; (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and
- (i) an exemption under section 48 ;
- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and
- (b) the taking is only to the same extent as the taking that is or was lawful under the first exemption; and
- (c) the taking happens within 10 years from the day the person— (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.
- (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or
- (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.
- (i) an exemption under section 48 ;
- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and
- (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or
- (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.