sec.87General restrictions on grant

sec.87 General restrictions on grant

The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied— the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the holder has given the chief executive— for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— any impacts the clearing is expected to have on the plant; and all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and the clearing is not likely to adversely affect the plant’s survival in the wild. However, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied— there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and the refusal of the permit would impede the provision of an essential community service; and the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) . (sec.87-ssec.1) The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied— the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the holder has given the chief executive— for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— any impacts the clearing is expected to have on the plant; and all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and the clearing is not likely to adversely affect the plant’s survival in the wild. (sec.87-ssec.2) However, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied— there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and the refusal of the permit would impede the provision of an essential community service; and the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) .