1.4.3 State legislation Clearing of any plant (or within 100m of any plant) listed as endangered, vulnerable or near threatened (EVNT) under the NC Act in Queensland is regulated by the Nature Conservation (Plants) Regulation 2020 . Where a clearing activity is not exempt and impacts to EVNT plants are unavoidable, a clearing permit is required, and the applicant must demonstrate that mitigation measures will be implemented to facilitate ‘no net loss of EVNT plants’.
The taking of these plants is considered exempt clearing.
The taking of the G. hockingsii is exempt as per Information sheet, Nature Conservation (Plants) Regulation 2020: General exemptions for the take of protected plants. (1)A person has an exemption for section 89(1) of the Act to take a protected plant that is in the wild if the person takes the plant by clearing— (a) In the course of an activity under— (i) an authority, made, granted or given under another Act by the Governor in Council before 31 March 2014; or (ii)a mining lease or a petroleum lease granted before 31 March 2014 and (b) or in a way authorised under the authority, mining lease or petroleum lease. (3)A person who takes a protected plant under subsection (1) has an exemption for section 90(1) of the Act to use the plant. In this section — mining lease means a mining lease granted under the Mineral Resources Act 1989; petroleum lease means a petroleum lease granted under the Petroleum Act 1923 . Importantly the “use” of the plants for the collection of material to mitigate impacts to the species is also exempt. Additionally, an exemption applies - Nature Conservation (Plants) Regulation 2020 S 40, Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval. As the tenement holder Heritage Minerals is the Landholder. (1) An exemption applies to a person who takes and uses a part of a protected plant, other than a critically endangered plant or endangered plant, if— (a) the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and (b) the person takes no more parts from a species of plant than the quantity of the parts
that is stated for the species in the plant exemptions code; and (c) the person’s primary reason for taking the part is to use the part. Therefore, a Wildlife Harvesting Permit is not required.
Additionally, there is an exemption for using a protected plant under the Code of Practice for the take and use of protected plants under an exemption, Nature Conservation Act 1992 . This plan will comply with this exemption.
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Mundic Gully TSF Impact Mitigation Management Plan - Grevillea hockingsii
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