Resultados de la prueba de campo

104. Chapter sets out terms of licences

(1) The provisions of this Chapter are terms of the licences under: (a) the Threatened Species Conservation Act 1995, and

(b) the Protection of the Environment Operations Act 1997, and (c) Part 7A of the Fisheries Management Act 1994,

as described in clauses 6, 7 and 8 respectively.

(2) However, the provisions of this Chapter are only terms of the licence under the

Protection of the Environment Operations Act 1997 in so far as they apply to or in

relation to logging operations and ancillary road construction, as referred to in clause 7 of this approval. Parts 2.3 and 2.4 are not terms of that licence.

(3) Clauses 115 (3) and 129 (2) (and any other provision of this Chapter in so far as it refers to an approval of DECCW required under either subclause) are only terms of the licence under the Threatened Species Conservation Act 1995.

105. Relationship with Chapter 5

Nothing in this Chapter affects any restriction on works relating to a crossing of a drainage feature or a wetland (within the meaning of Chapter 5), or on the use of such a crossing, imposed by Chapter 5.

106. Drainage protection areas

The following areas are drainage protection areas for the purposes of this approval: (a) drainage feature protection zones as described in clause 107,

(b) wetlands (of any size),

(c) wetland protection zones as described in clause 108.

107. Drainage feature protection zones

(1) This clause applies to the following drainage features: (a) drainage lines (both mapped and unmapped), and

Note: A mapped drainage depression is a drainage depression that lies between any two sections of a mapped drainage line or is a drainage depression that lies at the headwater or point of origin of a mapped drainage line.

(2) Any area of land within the distance specified in column 2 of the table below (“table 1”) from a drainage feature specified next to it in column 1 is a drainage feature protection zone for the purposes of this approval. The distance specified:

(a) in the case of a drainage line, is the distance from the top of the bank of the incised channel, or where there is no defined bank, from the edge of the channel, and

(b) in the case of a drainage depression, is the distance from the centre of the drainage depression,

as measured along the ground surface.

Table 1: Drainage feature protection zones

Column 1

Drainage feature

Column 2

Distance

Unmapped drainage line 5 metres

1st order mapped drainage line or mapped drainage depression 10 metres

2nd order mapped drainage line or mapped drainage depression 20 metres

3rd order mapped drainage line or mapped drainage depression 30 metres

4th order mapped drainage line or mapped drainage depression 40 metres

5th order or greater mapped drainage line or mapped drainage depression

50 metres

(3) For the purpose of applying table 1, the location of a mapped drainage feature is to be determined in the field, rather than treated as the location indicated on the FMZ layer or a map (such as the operational map for the forestry operation concerned). If no

drainage feature (or part of a drainage feature) can be found in the field that

corresponds with a feature on the FMZ layer, then no protection zone is required in relation to the mapped feature.

(4) Despite subclause (3), if a drainage line that is shown on the FMZ layer as continuous (or as a part of a continuous system of drainage lines) seems to peter out in the field, but then re-appears (without any observable drainage depression in between), then the area lying between the two observable sections of the drainage line is also a protection zone (linking the two parts of the protection zone centred on the observable sections of the drainage line). For the purposes of determining the width of the zone, the order (or orders) of the drainage line as shown on the FMZ layer (for the corresponding location in the field where there is no observable drainage feature) is to be applied.

(5) For the purposes of applying table 1, the order of a drainage line is to be determined in accordance with Schedule 2 (including the schematic diagram of stream order set out in the Schedule) and, in the case of a mapped drainage feature, by reference to the FMZ layer, rather than in the field. The order of a mapped drainage depression is the order of the mapped drainage line in which the depression lies.

(6) To avoid doubt, the drainage feature is also part of the drainage feature protection zone.

(7) Despite any other provision, any area lying within a different catchment to the drainage feature is not part of the protection zone for that drainage feature.

108. Protection of wetlands

Note: A wetland of any size is a drainage protection area.

(1) Any area of land within the distance specified in column 2 of the table below (“table 2”) from a wetland of the size specified next to it in column 1 is a wetland protection zone for the purposes of this approval.

Table 2: Wetland protection zones

Column 1

Wetland size

Column 2

Distance (metres)

Wetland of at least 0.01 hectares but no more than 0.5 hectares

10

Wetland more than 0.5 hectares in area 20

(2) For the purposes of this approval (including applying table 2), the boundary of a wetland is the outer edge of its saturated zone (as determined at the time of the relevant forestry operation) or the outer edge of a vegetation type that indicates a wetter micro-environment than that of the surrounding land, whichever boundary results in the larger area of wetland.

Division 2 – Planning operations in compartments containing drainage