39.Subject to section 14, 23 or 37, the prohibition set forth in section 128.6 does not apply to a person who, in a heronry, carries on an activity involving the construction or improvement of a forest road, where the person carries on the activity in compliance with the following requirements:
(1) the activity may be carried on only in the area outside the first 200 m surrounding the site and then only during the period from 1 August to 31 March; and