Nothing in this Act prevents a person from being prosecuted for any of the following offences in relation to the clearing of vegetation—
(a) a development offence under the Planning Act or the repealed Sustainable Planning Act 2009 ;
(b) an offence against a following provision of the Environmental Protection Act 1994 —• section 437 (1)• section 437 (2)• section 438 (1)• section 438 (2) .