56
CurrentArea already cleared—authority under another law
Chapter 3Dealing with protected plants under exemptions
Part 3General exemptions for taking and using protected plants
Division 4Taking by clearing and use
56 Area already cleared—authority under another law
An exemption applies to a person who takes a protected plant in an area by clearing if—
(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 52;
(ii)
an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006, section 261ZF; and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 authorisation required for the first exemption was given to the person.
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