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NATURE CONSERVATION (PROTECTED PLANTS HARVEST PERIOD) NOTICE 2009 No. 28 - SECT 6

6 Condition on taking least concern plants under contingent salvage

(1) A whole protected plant that is least concern wildlife may be taken under contingent salvage, during the harvest period, only if the following conditions are complied with--

(a) the land from which the plant is taken is being, or will be, cleared--
(i) for conducting an activity under a mining lease under the Mineral Resources Act 1989; or
(ii) for a government infrastructure project; or
(iii) to harvest a timber plantation; or
(iv) under a development approval under the Integrated Planning Act 1997;
(b) the person taking the whole protected plant has an approved salvage plan for the land.

(2) In this section--

approved salvage plan, for land, means a plan that--

(a) includes the following--
(i) a description and map of the land;
(ii) a declaration from the land-holder that the land will be cleared;
(iii) a description of the development or activity for which the land will be cleared;
(iv) a copy of any necessary licence, permit or other authority required for the development or activity under an Act;
(v) if the land does not include remnant vegetation under the Vegetation Management Act 1999--enough information to show that the land does not include remnant vegetation under that Act;
(vi) if subparagraph (v) does not apply--enough information to show that the clearing of the land is authorised under the Integrated Planning Act 1997; and
(b) is approved by the chief executive.

government infrastructure project means a project relating to the provision of infrastructure or utilities by or for the Commonwealth, the State or a local government carried out under an Act, including, for example--

(a) the construction of a facility for telecommunications under the Telecommunications Act 1997 (Cwlth); or
(b) the carrying out of works on an easement under the Electricity Act 1994; or
(c) the construction under the Local Government Act 1993 of a road controlled by a local government.


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