{"id":"qld:sl-2020-0137","name":"Nature Conservation (Plants) Regulation 2020","slug":"nature-conservation-plants-regulation-2020","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"137 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173984,"registerId":"qld-sl-2020-0137-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Nature Conservation (Plants) Regulation 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 22 August 2020.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 5 defines particular words used in this regulation.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of trade","content":"### sec.4 Meaning of trade\n\nA person uses a protected plant for trade if the person—\nuses the plant for gain or reward (a commercial purpose ); or\nuses the plant for a purpose related to a commercial purpose; or\notherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward.\na landscape contractor using a protected plant in a landscaping job\na nursery owner using a whole protected plant to produce other whole plants for potential sale\na plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home\na person using seed to propagate a whole protected plant for sale\nWithout limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person—\ntakes or uses the plant—\nas part of a business; or\nfor a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or\nbuys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or\ntakes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or\nbrings the plant, or has the plant brought, into the State for the main purpose of selling the plant.\nHowever, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.\nSee also sections 41 (3) and 42 (2) .\n(sec.4-ssec.1) A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale\n(sec.4-ssec.2) Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant.\n(sec.4-ssec.3) However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.\n- (a) uses the plant for gain or reward (a commercial purpose ); or\n- (b) uses the plant for a purpose related to a commercial purpose; or\n- (c) otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward.\n- • a landscape contractor using a protected plant in a landscaping job\n- • a nursery owner using a whole protected plant to produce other whole plants for potential sale\n- • a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home\n- • a person using seed to propagate a whole protected plant for sale\n- (a) takes or uses the plant— (i) as part of a business; or (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or\n- (i) as part of a business; or\n- (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or\n- (b) buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or\n- (c) takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or\n- (d) brings the plant, or has the plant brought, into the State for the main purpose of selling the plant.\n- (i) as part of a business; or\n- (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of relevant person","content":"### sec.5 Meaning of relevant person\n\nA relevant person , for the holder of a plant authority, is—\nfor an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or\nfor another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or\nfor another authority if the holder is a corporation—\nthe person in charge for the authority; or\nan executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\ns 5 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 125 s 36\n- (a) for an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or\n- (b) for another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or\n- (c) for another authority if the holder is a corporation— (i) the person in charge for the authority; or (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n- (i) the person in charge for the authority; or\n- (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n- (i) the person in charge for the authority; or\n- (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of whole of plant","content":"### sec.6 Meaning of whole of plant\n\nThe whole of a plant includes the following—\nin relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind;\nin relation to taking a plant that propagates by creeping rhizomes—\neach continuous piece of rhizome bearing living fronds; and\nany removed section of joined rhizomes bearing living fronds;\nif the plant is sandalwood—the trunk, a log or timber of sandalwood;\nif a person divides the plant into 1 or more viable plants—each viable plant.\nHowever, the whole of a plant does not include an ungerminated seed.\n(sec.6-ssec.1) The whole of a plant includes the following— in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; in relation to taking a plant that propagates by creeping rhizomes— each continuous piece of rhizome bearing living fronds; and any removed section of joined rhizomes bearing living fronds; if the plant is sandalwood—the trunk, a log or timber of sandalwood; if a person divides the plant into 1 or more viable plants—each viable plant.\n(sec.6-ssec.2) However, the whole of a plant does not include an ungerminated seed.\n- (a) in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind;\n- (b) in relation to taking a plant that propagates by creeping rhizomes— (i) each continuous piece of rhizome bearing living fronds; and (ii) any removed section of joined rhizomes bearing living fronds;\n- (i) each continuous piece of rhizome bearing living fronds; and\n- (ii) any removed section of joined rhizomes bearing living fronds;\n- (c) if the plant is sandalwood—the trunk, a log or timber of sandalwood;\n- (d) if a person divides the plant into 1 or more viable plants—each viable plant.\n- (i) each continuous piece of rhizome bearing living fronds; and\n- (ii) any removed section of joined rhizomes bearing living fronds;","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"References to classes of wildlife","content":"### sec.7 References to classes of wildlife\n\nIn this regulation, a reference to a plant of a particular class is a reference to a plant that is prescribed as wildlife of that class by chapter 2 .\nA reference to a least concern plant is a reference to a plant that is prescribed as least concern wildlife by chapter 2 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Scientific names","content":"### sec.8 Scientific names\n\nThe scientific names used for plants mentioned in this regulation follow the names used in the most recent census of the Queensland flora and fungi—\nprepared by the Queensland Herbarium; and\navailable on the Queensland Government Open Data Portal.\nThe Queensland Government Open Data Portal is at www.data.qld.gov.au.\ns 8 sub 2023 SL No. 186 s 22\n- (a) prepared by the Queensland Herbarium; and\n- (b) available on the Queensland Government Open Data Portal.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"References relating to plant authorities","content":"### sec.9 References relating to plant authorities\n\nA reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 .\nA reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 .\nA reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to—\nmore than 1 plant; or\nplants of different types or species.\n(sec.9-ssec.1) A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 . A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 .\n(sec.9-ssec.2) A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to— more than 1 plant; or plants of different types or species.\n- (a) more than 1 plant; or\n- (b) plants of different types or species.","sortOrder":10},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.9A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\ns 9A ins 2022 SL No. 17 s 23\n(sec.9A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\n(sec.9A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":11},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Application of regulation","content":"# Application of regulation","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Protected areas","content":"### sec.10 Protected areas\n\nChapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area.\nThis regulation does not otherwise apply in relation to a plant in a protected area.\n(sec.10-ssec.1) Chapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area.\n(sec.10-ssec.2) This regulation does not otherwise apply in relation to a plant in a protected area.","sortOrder":13},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Purpose of chapter","content":"### sec.11 Purpose of chapter\n\nThis chapter—\nprescribes classes of plants for part 5 , division 2 of the Act ; and\nprovides for the declared management intent applying to each class of plant for section 72 (2) of the Act ; and\nprescribes special least concern plants for section 88D (1) of the Act ; and\nprescribes the conservation value for particular plants for section 95 of the Act .\n- (a) prescribes classes of plants for part 5 , division 2 of the Act ; and\n- (b) provides for the declared management intent applying to each class of plant for section 72 (2) of the Act ; and\n- (c) prescribes special least concern plants for section 88D (1) of the Act ; and\n- (d) prescribes the conservation value for particular plants for section 95 of the Act .","sortOrder":15},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Protected wildlife","content":"# Protected wildlife","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Extinct wildlife","content":"### sec.12 Extinct wildlife\n\nThe declared management intent applicable to a plant being managed as extinct wildlife is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 1 .\nSee schedule 1 , section 3 (g) for circumstances in which a plant that is extinct wildlife is to be managed as if it were critically endangered wildlife.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Extinct in the wild wildlife","content":"### sec.13 Extinct in the wild wildlife\n\nFor section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 .\nSee schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.\n(sec.13-ssec.1) For section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife.\n(sec.13-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Critically endangered wildlife","content":"### sec.14 Critically endangered wildlife\n\nFor section 78 of the Act , a plant mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 .\n(sec.14-ssec.1) For section 78 of the Act , a plant mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife.\n(sec.14-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Endangered wildlife","content":"### sec.15 Endangered wildlife\n\nFor section 78A of the Act , a plant mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 .\n(sec.15-ssec.1) For section 78A of the Act , a plant mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife.\n(sec.15-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Vulnerable wildlife","content":"### sec.16 Vulnerable wildlife\n\nFor section 78B of the Act , a plant mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 .\n(sec.16-ssec.1) For section 78B of the Act , a plant mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife.\n(sec.16-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 .","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Near threatened wildlife","content":"### sec.17 Near threatened wildlife\n\nFor section 79 of the Act , a plant mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 .\nSee schedule 1 , section 23 (h) for circumstances in which a plant that is near threatened wildlife is to be managed as if it were another class of wildlife.\n(sec.17-ssec.1) For section 79 of the Act , a plant mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife.\n(sec.17-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 . See schedule 1 , section 23 (h) for circumstances in which a plant that is near threatened wildlife is to be managed as if it were another class of wildlife.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Least concern wildlife","content":"### sec.18 Least concern wildlife\n\nFor section 80 of the Act , a plant mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife.\nThe declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 .\n(sec.18-ssec.1) For section 80 of the Act , a plant mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife.\n(sec.18-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 .","sortOrder":23},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Special least concern plants","content":"# Special least concern plants","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Special least concern plants","content":"### sec.19 Special least concern plants\n\nFor section 88D (1) of the Act , a plant mentioned in schedule 2 is prescribed as a special least concern plant.","sortOrder":25},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Conservation values for protected plants","content":"# Conservation values for protected plants","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conservation value for classes of protected plants","content":"### sec.20 Conservation value for classes of protected plants\n\nFor section 95 (1) of the Act , an amount mentioned in schedule 3 , column 2 is prescribed as the conservation value for a protected plant in the class mentioned in schedule 3 , column 1 opposite the value.","sortOrder":27},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"General exemptions for taking protected plants","content":"# General exemptions for taking protected plants","sortOrder":28},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Exemption for taking protected plants— Act , s 89","content":"### sec.21 Exemption for taking protected plants— Act , s 89\n\nA person has an exemption for section 89 (1) of the Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant.\nChapter 4 provides for taking and using protected plants under a plant authority.","sortOrder":30},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Avoiding or reducing risk of death or serious injury to a person","content":"### sec.22 Avoiding or reducing risk of death or serious injury to a person\n\nAn exemption applies to a person who takes a protected plant that is in the wild if—\nthe taking is necessary and reasonable to avoid or reduce an imminent risk of death or serious injury to a person; and\nthe taking can not reasonably be avoided or minimised.\n- (a) the taking is necessary and reasonable to avoid or reduce an imminent risk of death or serious injury to a person; and\n- (b) the taking can not reasonably be avoided or minimised.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Avoiding or reducing risk of serious damage to buildings or property","content":"### sec.23 Avoiding or reducing risk of serious damage to buildings or property\n\nAn exemption applies to a person who takes a protected plant that is in the wild if—\nthe taking is necessary and reasonable to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property; and\nsignificant economic loss may be suffered by any person if the damage is not prevented or controlled; and\nthe taking can not reasonably be avoided or minimised.\n- (a) the taking is necessary and reasonable to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property; and\n- (b) significant economic loss may be suffered by any person if the damage is not prevented or controlled; and\n- (c) the taking can not reasonably be avoided or minimised.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Particular persons acting under Fire Services Act 1990","content":"### sec.24 Particular persons acting under Fire Services Act 1990\n\nAn exemption applies to a person who takes a protected plant that is in the wild if—\nthe taking is, or is a necessary part of, a measure that is—\nauthorised under the Fire Services Act 1990 , section 145F (1) (c) , 145G (3) or 149I (1) ; or\nrequired under section 145G (1) or 149I (2) (j) of that Act; or\nthe taking is by a person lighting a fire that is—\nauthorised under a notification under the Fire Services Act 1990 , section 145A or a permit granted under section 145C of that Act; and\nnecessary as a means of fire hazard reduction.\ns 24 sub 2024 Act No. 22 s 92 sch 1\n- (a) the taking is, or is a necessary part of, a measure that is— (i) authorised under the Fire Services Act 1990 , section 145F (1) (c) , 145G (3) or 149I (1) ; or (ii) required under section 145G (1) or 149I (2) (j) of that Act; or\n- (i) authorised under the Fire Services Act 1990 , section 145F (1) (c) , 145G (3) or 149I (1) ; or\n- (ii) required under section 145G (1) or 149I (2) (j) of that Act; or\n- (b) the taking is by a person lighting a fire that is— (i) authorised under a notification under the Fire Services Act 1990 , section 145A or a permit granted under section 145C of that Act; and (ii) necessary as a means of fire hazard reduction.\n- (i) authorised under a notification under the Fire Services Act 1990 , section 145A or a permit granted under section 145C of that Act; and\n- (ii) necessary as a means of fire hazard reduction.\n- (i) authorised under the Fire Services Act 1990 , section 145F (1) (c) , 145G (3) or 149I (1) ; or\n- (ii) required under section 145G (1) or 149I (2) (j) of that Act; or\n- (i) authorised under a notification under the Fire Services Act 1990 , section 145A or a permit granted under section 145C of that Act; and\n- (ii) necessary as a means of fire hazard reduction.","sortOrder":34},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"General exemptions for using protected plants","content":"# General exemptions for using protected plants","sortOrder":35},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Exemption for using protected plants— Act , s 90","content":"### sec.25 Exemption for using protected plants— Act , s 90\n\nA person has an exemption for section 90 (1) of the Act to use a protected plant if this part states an exemption applies to the person for using the plant.\nSection 146 requires a person using a protected plant under an exemption in this part to comply with the plant exemptions code.\nChapter 4 provides for taking and using protected plants under a plant authority.\n- 1 Section 146 requires a person using a protected plant under an exemption in this part to comply with the plant exemptions code.\n- 2 Chapter 4 provides for taking and using protected plants under a plant authority.","sortOrder":37},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Landholders gaining benefit","content":"### sec.26 Landholders gaining benefit\n\nAn exemption applies to a landholder of private land who gains a benefit for allowing a person to take a protected plant from the landholder’s land if the taking is authorised under the Act .","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Particular persons using protected plants for personal use","content":"### sec.27 Particular persons using protected plants for personal use\n\nAn exemption applies to a person who uses a protected plant for the person’s own personal use if the person lawfully obtains the plant other than by taking it.\nA person buys a protected plant from a nursery for the person’s own personal use.\nAn exemption applies to the holder of a protected plant licence, or a relevant person for the holder, who uses a protected plant taken under the licence for the holder’s own personal use.\nHowever, subsection (2) applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, only if the licence does not otherwise state the extent to which a plant may be used for personal use under the licence.\nAn exemption applies to a person who moves a protected plant to or from any place within, inside or outside of the State for the person’s own personal use.\n(sec.27-ssec.1) An exemption applies to a person who uses a protected plant for the person’s own personal use if the person lawfully obtains the plant other than by taking it. A person buys a protected plant from a nursery for the person’s own personal use.\n(sec.27-ssec.2) An exemption applies to the holder of a protected plant licence, or a relevant person for the holder, who uses a protected plant taken under the licence for the holder’s own personal use.\n(sec.27-ssec.3) However, subsection (2) applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, only if the licence does not otherwise state the extent to which a plant may be used for personal use under the licence.\n(sec.27-ssec.4) An exemption applies to a person who moves a protected plant to or from any place within, inside or outside of the State for the person’s own personal use.","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Particular persons using protected plants for trade","content":"### sec.28 Particular persons using protected plants for trade\n\nAn exemption applies to a person who uses, for trade, a protected plant if—\nthe person lawfully obtains the plant other than by taking it; and\nanother exemption under this chapter does not apply to the person for using the plant.\nAn exemption applies to the holder of a protected plant growing licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence unless the use of the plant—\nis selling the plant; or\nis giving away the plant if the plant is to be used for trade.\ngiving away a plant taken under the licence to a person for selling the plant\ngiving away a plant taken under the licence to a property developer for use in landscaping a property development\ngiving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants\nAn exemption applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence only if the licence does not otherwise state the extent to which the plant may be used for trade under the licence.\n(sec.28-ssec.1) An exemption applies to a person who uses, for trade, a protected plant if— the person lawfully obtains the plant other than by taking it; and another exemption under this chapter does not apply to the person for using the plant.\n(sec.28-ssec.2) An exemption applies to the holder of a protected plant growing licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence unless the use of the plant— is selling the plant; or is giving away the plant if the plant is to be used for trade. giving away a plant taken under the licence to a person for selling the plant giving away a plant taken under the licence to a property developer for use in landscaping a property development giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants\n(sec.28-ssec.3) An exemption applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence only if the licence does not otherwise state the extent to which the plant may be used for trade under the licence.\n- (a) the person lawfully obtains the plant other than by taking it; and\n- (b) another exemption under this chapter does not apply to the person for using the plant.\n- (a) is selling the plant; or\n- (b) is giving away the plant if the plant is to be used for trade. Examples for paragraph (b) — • giving away a plant taken under the licence to a person for selling the plant • giving away a plant taken under the licence to a property developer for use in landscaping a property development • giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants\n- • giving away a plant taken under the licence to a person for selling the plant\n- • giving away a plant taken under the licence to a property developer for use in landscaping a property development\n- • giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants\n- • giving away a plant taken under the licence to a person for selling the plant\n- • giving away a plant taken under the licence to a property developer for use in landscaping a property development\n- • giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Propagated whole restricted plants","content":"### sec.29 Propagated whole restricted plants\n\nAn exemption applies to a person who uses a whole restricted plant if—\nthe person—\nis the holder of a protected plant licence, or a relevant person for the holder; or\nis acting under another exemption stated in this chapter; and\nthe person propagates the plant under controlled conditions—\nby using only reproductive or propagative material that was obtained lawfully; and\nfor a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.\n- (a) the person— (i) is the holder of a protected plant licence, or a relevant person for the holder; or (ii) is acting under another exemption stated in this chapter; and\n- (i) is the holder of a protected plant licence, or a relevant person for the holder; or\n- (ii) is acting under another exemption stated in this chapter; and\n- (b) the person propagates the plant under controlled conditions— (i) by using only reproductive or propagative material that was obtained lawfully; and (ii) for a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.\n- (i) by using only reproductive or propagative material that was obtained lawfully; and\n- (ii) for a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.\n- (i) is the holder of a protected plant licence, or a relevant person for the holder; or\n- (ii) is acting under another exemption stated in this chapter; and\n- (i) by using only reproductive or propagative material that was obtained lawfully; and\n- (ii) for a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Cultivated parts of restricted plants","content":"### sec.30 Cultivated parts of restricted plants\n\nAn exemption applies to a person who uses a part of a restricted plant if—\nthe person—\nis the holder of a protected plant licence, or a relevant person for the holder; or\nis acting under another exemption under this chapter; and\nthe person cultivates the part under controlled conditions using only reproductive or propagative material that was obtained lawfully.\n- (a) the person— (i) is the holder of a protected plant licence, or a relevant person for the holder; or (ii) is acting under another exemption under this chapter; and\n- (i) is the holder of a protected plant licence, or a relevant person for the holder; or\n- (ii) is acting under another exemption under this chapter; and\n- (b) the person cultivates the part under controlled conditions using only reproductive or propagative material that was obtained lawfully.\n- (i) is the holder of a protected plant licence, or a relevant person for the holder; or\n- (ii) is acting under another exemption under this chapter; and","sortOrder":43},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"General exemptions for taking and using protected plants","content":"# General exemptions for taking and using protected plants","sortOrder":44},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Exemption for taking and using protected plants— Act , ss 89 and 90","content":"### sec.31 Exemption for taking and using protected plants— Act , ss 89 and 90\n\nA person has an exemption—\nfor section 89 (1) of the Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant; and\nfor section 90 (1) of the Act to use a protected plant if this part states an exemption applies to the person for using the plant.\nSection 146 requires a person taking or using a protected plant under an exemption in this part to comply with the plant exemptions code.\nChapter 4 provides for taking and using protected plants under a plant authority.\n- (a) for section 89 (1) of the Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant; and\n- (b) for section 90 (1) of the Act to use a protected plant if this part states an exemption applies to the person for using the plant.\n- 1 Section 146 requires a person taking or using a protected plant under an exemption in this part to comply with the plant exemptions code.\n- 2 Chapter 4 provides for taking and using protected plants under a plant authority.","sortOrder":46},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Taking and using generally","content":"## Taking and using generally","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Least concern plants, other than special least concern plants, taken for use of plant","content":"### sec.32 Least concern plants, other than special least concern plants, taken for use of plant\n\nAn exemption applies to a person who takes and uses a least concern plant, other than a special least concern plant, if—\nthe person takes the plant other than by clearing; and\nthe person, when taking the plant, ensures the taking does not impact on a threatened plant or near threatened plant growing in close proximity to the plant; and\nthe person’s primary reason for taking the plant is to use the plant.\n- (a) the person takes the plant other than by clearing; and\n- (b) the person, when taking the plant, ensures the taking does not impact on a threatened plant or near threatened plant growing in close proximity to the plant; and\n- (c) the person’s primary reason for taking the plant is to use the plant.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Marine plants that are special least concern plants","content":"### sec.33 Marine plants that are special least concern plants\n\nAn exemption applies to a person who takes or uses, other than for trade, a marine plant under the Fisheries Act 1994 if—\nthe plant—\nis lawfully taken by the person under that Act; or\nis used by the person under that Act; and\nthe plant is a special least concern plant; and\nfor a plant that is taken by the person—the plant is taken primarily for using the plant.\n- (a) the plant— (i) is lawfully taken by the person under that Act; or (ii) is used by the person under that Act; and\n- (i) is lawfully taken by the person under that Act; or\n- (ii) is used by the person under that Act; and\n- (b) the plant is a special least concern plant; and\n- (c) for a plant that is taken by the person—the plant is taken primarily for using the plant.\n- (i) is lawfully taken by the person under that Act; or\n- (ii) is used by the person under that Act; and","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Queensland Herbarium employees","content":"### sec.34 Queensland Herbarium employees\n\nAn exemption applies to an employee of the Queensland Herbarium who takes and uses, other than for trade, a protected plant for the purposes for which the Queensland Herbarium was established.\nHowever, subsection (1) applies only if the plant is taken by the employee primarily for using the plant.\n(sec.34-ssec.1) An exemption applies to an employee of the Queensland Herbarium who takes and uses, other than for trade, a protected plant for the purposes for which the Queensland Herbarium was established.\n(sec.34-ssec.2) However, subsection (1) applies only if the plant is taken by the employee primarily for using the plant.","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Members of Australian Defence Force","content":"### sec.35 Members of Australian Defence Force\n\nAn exemption applies to a member of a unit of the Australian Defence Force who takes and uses, other than for trade, a near threatened plant or least concern plant for food for training members of the unit about survival in the wild if—\nthe plant—\nis taken under a military standing order prepared for the unit; or\nis taken on private land with the permission of the landholder; or\nis taken under a permit or other approval under the Forestry Act 1959 ; and\nthe plant is taken by the member primarily for using the plant for food for training.\nIn this section—\nmember , of a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth) , section 4 .\nmilitary standing order means a standing order that—\nis a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and\nincludes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.\nA copy of the military standing orders to which this section applies may be inspected at the department’s head office.\n(sec.35-ssec.1) An exemption applies to a member of a unit of the Australian Defence Force who takes and uses, other than for trade, a near threatened plant or least concern plant for food for training members of the unit about survival in the wild if— the plant— is taken under a military standing order prepared for the unit; or is taken on private land with the permission of the landholder; or is taken under a permit or other approval under the Forestry Act 1959 ; and the plant is taken by the member primarily for using the plant for food for training.\n(sec.35-ssec.2) In this section— member , of a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth) , section 4 . military standing order means a standing order that— is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild. A copy of the military standing orders to which this section applies may be inspected at the department’s head office.\n- (a) the plant— (i) is taken under a military standing order prepared for the unit; or (ii) is taken on private land with the permission of the landholder; or (iii) is taken under a permit or other approval under the Forestry Act 1959 ; and\n- (i) is taken under a military standing order prepared for the unit; or\n- (ii) is taken on private land with the permission of the landholder; or\n- (iii) is taken under a permit or other approval under the Forestry Act 1959 ; and\n- (b) the plant is taken by the member primarily for using the plant for food for training.\n- (i) is taken under a military standing order prepared for the unit; or\n- (ii) is taken on private land with the permission of the landholder; or\n- (iii) is taken under a permit or other approval under the Forestry Act 1959 ; and\n- (a) is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and\n- (b) includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conservation or revegetation program","content":"### sec.36 Conservation or revegetation program\n\nAn exemption applies to a landholder who takes and uses, other than for trade, a relevant plant if—\nthe landholder takes the plant from the landholder’s land; and\nthe landholder takes the plant primarily for using the plant in a conservation or revegetation program; and\nthe landholder uses the plant in a conservation or revegetation program; and\nthe landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken.\nWithout limiting subsection (1) (c) , using a relevant plant in a conservation or revegetation program includes propagating a seed or other propagative material of the plant at a place other than on the landholder’s land.\nFor subsection (1) (d) , land is local to the landholder’s land if the land—\nis adjacent to the landholder’s land; or\nis included in a conservation or revegetation program that includes the landholder’s land.\nIn this section—\nrelevant plant means—\na seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or\na whole protected plant that is a near threatened plant or least concern plant.\n(sec.36-ssec.1) An exemption applies to a landholder who takes and uses, other than for trade, a relevant plant if— the landholder takes the plant from the landholder’s land; and the landholder takes the plant primarily for using the plant in a conservation or revegetation program; and the landholder uses the plant in a conservation or revegetation program; and the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken.\n(sec.36-ssec.2) Without limiting subsection (1) (c) , using a relevant plant in a conservation or revegetation program includes propagating a seed or other propagative material of the plant at a place other than on the landholder’s land.\n(sec.36-ssec.3) For subsection (1) (d) , land is local to the landholder’s land if the land— is adjacent to the landholder’s land; or is included in a conservation or revegetation program that includes the landholder’s land.\n(sec.36-ssec.4) In this section— relevant plant means— a seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or a whole protected plant that is a near threatened plant or least concern plant.\n- (a) the landholder takes the plant from the landholder’s land; and\n- (b) the landholder takes the plant primarily for using the plant in a conservation or revegetation program; and\n- (c) the landholder uses the plant in a conservation or revegetation program; and\n- (d) the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken.\n- (a) is adjacent to the landholder’s land; or\n- (b) is included in a conservation or revegetation program that includes the landholder’s land.\n- (a) a seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or\n- (b) a whole protected plant that is a near threatened plant or least concern plant.","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Grazing activities on private land","content":"### sec.37 Grazing activities on private land\n\nAn exemption applies to a landholder of private land who takes and uses, other than for trade, a protected plant on the land if—\nthe plant is consumed by stock grazing on the land; and\nthe grazing is authorised or permitted under another law; and\nthe plant is taken primarily for using the plant for grazing.\n- (a) the plant is consumed by stock grazing on the land; and\n- (b) the grazing is authorised or permitted under another law; and\n- (c) the plant is taken primarily for using the plant for grazing.","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Grazing activities on State-related land","content":"### sec.38 Grazing activities on State-related land\n\nAn exemption applies to a person who takes and uses, other than for trade, a protected plant on State-related land if—\nthe plant is taken by the person’s stock grazing on the land under a lease, licence, permit or other authority, or an exemption, under another law; and\nthe plant is taken primarily for using the plant for grazing.\n- (a) the plant is taken by the person’s stock grazing on the land under a lease, licence, permit or other authority, or an exemption, under another law; and\n- (b) the plant is taken primarily for using the plant for grazing.","sortOrder":54},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Taking and using parts of protected plants","content":"## Taking and using parts of protected plants","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Identification, educational or scientific purpose","content":"### sec.39 Identification, educational or scientific purpose\n\nAn exemption applies to a person who takes and uses, other than for trade, up to 2 parts of a protected plant if—\neither—\nit is necessary for the plant to be identified for an identification purpose; or\neach part of the plant is taken and used for an educational or scientific purpose; and\nthe part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a) ; and\neach part of the plant taken—\nis not more than would fit on a standard sheet of herbarium paper; or\nif the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified.\nSee also section 148 about dealing with parts of protected plants taken under this section.\nIn this section—\nidentification purpose means any of the following purposes—\nto enable the chief executive to grant a plant authority;\nto carry out a flora survey;\nto make a record that may be kept by the Queensland Herbarium;\nto carry out an environmental impact assessment study—\nunder a condition of an approval by a government entity; or\nunder the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or\notherwise under an Act.\nscientific purpose includes an anthropological, archaeological or sociological purpose.\nstandard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long.\n(sec.39-ssec.1) An exemption applies to a person who takes and uses, other than for trade, up to 2 parts of a protected plant if— either— it is necessary for the plant to be identified for an identification purpose; or each part of the plant is taken and used for an educational or scientific purpose; and the part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a) ; and each part of the plant taken— is not more than would fit on a standard sheet of herbarium paper; or if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified. See also section 148 about dealing with parts of protected plants taken under this section.\n(sec.39-ssec.2) In this section— identification purpose means any of the following purposes— to enable the chief executive to grant a plant authority; to carry out a flora survey; to make a record that may be kept by the Queensland Herbarium; to carry out an environmental impact assessment study— under a condition of an approval by a government entity; or under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or otherwise under an Act. scientific purpose includes an anthropological, archaeological or sociological purpose. standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long.\n- (a) either— (i) it is necessary for the plant to be identified for an identification purpose; or (ii) each part of the plant is taken and used for an educational or scientific purpose; and\n- (i) it is necessary for the plant to be identified for an identification purpose; or\n- (ii) each part of the plant is taken and used for an educational or scientific purpose; and\n- (b) the part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a) ; and\n- (c) each part of the plant taken— (i) is not more than would fit on a standard sheet of herbarium paper; or (ii) if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified.\n- (i) is not more than would fit on a standard sheet of herbarium paper; or\n- (ii) if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified.\n- (i) it is necessary for the plant to be identified for an identification purpose; or\n- (ii) each part of the plant is taken and used for an educational or scientific purpose; and\n- (i) is not more than would fit on a standard sheet of herbarium paper; or\n- (ii) if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified.\n- (a) to enable the chief executive to grant a plant authority;\n- (b) to carry out a flora survey;\n- (c) to make a record that may be kept by the Queensland Herbarium;\n- (d) to carry out an environmental impact assessment study— (i) under a condition of an approval by a government entity; or (ii) under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or (iii) otherwise under an Act.\n- (i) under a condition of an approval by a government entity; or\n- (ii) under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or\n- (iii) otherwise under an Act.\n- (i) under a condition of an approval by a government entity; or\n- (ii) under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or\n- (iii) otherwise under an Act.","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval","content":"### sec.40 Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval\n\nAn 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—\nthe person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and\nthe 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\nthe person’s primary reason for taking the part is to use the part.\nHowever, if the person takes a seed or other propagative material of a plant of the family Cycadaceae or Zamiaceae, the exemption applies—\nif the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or\nif the person is a member of a recreational plant society—for using the part of the plant for trade only if—\nthe member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and\nthe sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.\n(sec.40-ssec.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— the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and 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 the person’s primary reason for taking the part is to use the part.\n(sec.40-ssec.2) However, if the person takes a seed or other propagative material of a plant of the family Cycadaceae or Zamiaceae, the exemption applies— if the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or if the person is a member of a recreational plant society—for using the part of the plant for trade only if— the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.\n- (a) the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and\n- (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\n- (c) the person’s primary reason for taking the part is to use the part.\n- (a) if the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or\n- (b) if the person is a member of a recreational plant society—for using the part of the plant for trade only if— (i) the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and (ii) the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.\n- (i) the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and\n- (ii) the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.\n- (i) the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and\n- (ii) the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Fodder on private land","content":"### sec.41 Fodder on private land\n\nAn exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if—\nthe part is taken and used for fodder for stock lawfully kept on the land; and\nthe part is taken primarily for using the part for fodder.\nAn exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if—\nthe part is taken in the course of an activity done—\nfor fodder harvesting under the Vegetation Management Act 1999 ; or\notherwise for the purpose of fodder for stock on the land; and\nthe part is taken primarily for using the part for fodder.\nA landholder mentioned in subsection (1) or (2) does not use a part of a near threatened plant or least concern plant for trade merely because the landholder uses the part for a business of keeping stock on the land.\n(sec.41-ssec.1) An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken and used for fodder for stock lawfully kept on the land; and the part is taken primarily for using the part for fodder.\n(sec.41-ssec.2) An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken in the course of an activity done— for fodder harvesting under the Vegetation Management Act 1999 ; or otherwise for the purpose of fodder for stock on the land; and the part is taken primarily for using the part for fodder.\n(sec.41-ssec.3) A landholder mentioned in subsection (1) or (2) does not use a part of a near threatened plant or least concern plant for trade merely because the landholder uses the part for a business of keeping stock on the land.\n- (a) the part is taken and used for fodder for stock lawfully kept on the land; and\n- (b) the part is taken primarily for using the part for fodder.\n- (a) the part is taken in the course of an activity done— (i) for fodder harvesting under the Vegetation Management Act 1999 ; or (ii) otherwise for the purpose of fodder for stock on the land; and\n- (i) for fodder harvesting under the Vegetation Management Act 1999 ; or\n- (ii) otherwise for the purpose of fodder for stock on the land; and\n- (b) the part is taken primarily for using the part for fodder.\n- (i) for fodder harvesting under the Vegetation Management Act 1999 ; or\n- (ii) otherwise for the purpose of fodder for stock on the land; and","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Fodder on State-related land","content":"### sec.42 Fodder on State-related land\n\nAn exemption applies to a person who takes and uses, other than for trade, a part of a near threatened plant or least concern plant on State-related land if—\nthe part—\nis taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or\nis taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and\nthe part is taken primarily for using the part for fodder.\nThe person does not use the part for trade merely because the person uses the part for a business of keeping stock on the land.\n(sec.42-ssec.1) An exemption applies to a person who takes and uses, other than for trade, a part of a near threatened plant or least concern plant on State-related land if— the part— is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and the part is taken primarily for using the part for fodder.\n(sec.42-ssec.2) The person does not use the part for trade merely because the person uses the part for a business of keeping stock on the land.\n- (a) the part— (i) is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or (ii) is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and\n- (i) is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or\n- (ii) is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and\n- (b) the part is taken primarily for using the part for fodder.\n- (i) is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or\n- (ii) is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Sick, injured or orphaned protected animals","content":"### sec.43 Sick, injured or orphaned protected animals\n\nAn exemption applies to a person who takes or uses, other than for trade, a part of a near threatened plant or least concern plant if—\nthe person takes the part for the care of a sick, injured or orphaned protected animal; and\nthe person—\nholds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or\nis a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936 ; or\nis acting under the direction of a person mentioned in subparagraph (ii) ; and\nthe person’s primary reason for taking the part is to use the part for the care of a sick, injured or orphaned protected animal.\n- (a) the person takes the part for the care of a sick, injured or orphaned protected animal; and\n- (b) the person— (i) holds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or (ii) is a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936 ; or (iii) is acting under the direction of a person mentioned in subparagraph (ii) ; and\n- (i) holds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or\n- (ii) is a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936 ; or\n- (iii) is acting under the direction of a person mentioned in subparagraph (ii) ; and\n- (c) the person’s primary reason for taking the part is to use the part for the care of a sick, injured or orphaned protected animal.\n- (i) holds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or\n- (ii) is a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936 ; or\n- (iii) is acting under the direction of a person mentioned in subparagraph (ii) ; and","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Operational salvage","content":"### sec.44 Operational salvage\n\nAn exemption applies to a person who takes or uses a part of a protected plant if the part is taken by way of operational salvage of the part.\nFor the meaning of the whole of sandalwood, see section 6 .","sortOrder":61},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Taking by clearing and use","content":"## Taking by clearing and use","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Least concern plants taken by clearing","content":"### sec.45 Least concern plants taken by clearing\n\nAn exemption applies to a person who uses a least concern plant, other than a special least concern plant, taken by clearing under an exemption in this division.\nAn exemption applies to a person who uses, other than for trade, a special least concern plant taken by clearing under an exemption in this division if—\nthe plant is transplanted somewhere else within the vicinity of the land from which it is taken; or\nthe plant is used for a conservation purpose.\nFor subsection (2) (b) , a special least concern plant is used for a conservation purpose if the plant—\nis used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat; or\na special least concern plant used in a rehabilitation or revegetation activity\nis given to a voluntary conservation organisation or volunteer community organisation.\n(sec.45-ssec.1) An exemption applies to a person who uses a least concern plant, other than a special least concern plant, taken by clearing under an exemption in this division.\n(sec.45-ssec.2) An exemption applies to a person who uses, other than for trade, a special least concern plant taken by clearing under an exemption in this division if— the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or the plant is used for a conservation purpose.\n(sec.45-ssec.3) For subsection (2) (b) , a special least concern plant is used for a conservation purpose if the plant— is used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat; or a special least concern plant used in a rehabilitation or revegetation activity is given to a voluntary conservation organisation or volunteer community organisation.\n- (a) the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or\n- (b) the plant is used for a conservation purpose.\n- (a) is used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat; or Example for paragraph (a) — a special least concern plant used in a rehabilitation or revegetation activity\n- (b) is given to a voluntary conservation organisation or volunteer community organisation.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Areas other than high risk areas—proponent for particular projects","content":"### sec.46 Areas other than high risk areas—proponent for particular projects\n\nAn exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if—\nthe proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and\nthe flora survey trigger map shows the clearing area is not within a high risk area; and\neither—\nthe proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\nthe proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\nthe taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement.\nIn this section—\nenvironmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required.\nrelevant Act means any of the following laws—\nthe Environmental Protection Act 1994 ;\nthe State Development and Public Works Organisation Act 1971 ;\nthe Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) .\nrelevant project means a project for which an environmental impact statement is required under a relevant Act.\nrelevant TOR date , for an environmental impact statement for a relevant project, means—\nfor the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or\nfor another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.\n(sec.46-ssec.1) An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if— the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement.\n(sec.46-ssec.2) In this section— environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required. relevant Act means any of the following laws— the Environmental Protection Act 1994 ; the State Development and Public Works Organisation Act 1971 ; the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . relevant project means a project for which an environmental impact statement is required under a relevant Act. relevant TOR date , for an environmental impact statement for a relevant project, means— for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.\n- (a) the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and\n- (b) the flora survey trigger map shows the clearing area is not within a high risk area; and\n- (c) either— (i) the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or (ii) the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (i) the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\n- (ii) the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (d) the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement.\n- (i) the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\n- (ii) the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (a) the Environmental Protection Act 1994 ;\n- (b) the State Development and Public Works Organisation Act 1971 ;\n- (c) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) .\n- (a) for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or\n- (b) for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Areas other than high risk areas—other persons","content":"### sec.47 Areas other than high risk areas—other persons\n\nAn exemption applies to a person, other than a proponent mentioned in section 46 , who takes a protected plant in an area by clearing (the clearing area ) if—\nthe person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and\nthe flora survey trigger map shows the clearing area is not within a high risk area; and\neither—\nthe person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\nthe person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\nthe taking of the plant happens within 12 months after the day the person obtains or receives the copy of the flora survey trigger map.\n- (a) the person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and\n- (b) the flora survey trigger map shows the clearing area is not within a high risk area; and\n- (c) either— (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or (ii) the person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\n- (ii) the person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (d) the taking of the plant happens within 12 months after the day the person obtains or receives the copy of the flora survey trigger map.\n- (i) the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or\n- (ii) the person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"High risk areas","content":"### sec.48 High risk areas\n\nAn exemption applies to a person who takes a protected plant in an area within a high risk area by clearing (the clearing area ) if—\nthe person prepares a flora survey report for the clearing impact area; and\neither—\nthe flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or\nthe flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and\nthe person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.\n- (a) the person prepares a flora survey report for the clearing impact area; and\n- (b) either— (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or\n- (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and\n- (c) the person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.\n- (i) the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or\n- (ii) the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Particular maintenance activities","content":"### sec.49 Particular maintenance activities\n\nAn exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for any of the following maintenance activities for an existing land use of the area—\nroutine maintenance of existing infrastructure;\nmaintenance in the course of a plantation management activity on land that was previously lawfully cleared;\nmaintenance in the course of a cropping activity on land that was previously lawfully cleared.\nIn this section—\ncropping activity means an activity undertaken for the management of a cropping area, including site preparation, weed control, harvesting and harvest debris clearing.\nexisting infrastructure means infrastructure that exists before a plant is taken under this section.\nexisting land use , of an area, means a use of the land in the area that—\nis a lawful use of the land under another law; and\nis in existence before a plant is taken in the area under this section.\nplantation management activity means an activity undertaken for the management of a tree plantation, including site preparation, weed control, harvesting and harvest debris clearing.\nroutine maintenance , of existing infrastructure, means maintenance—\nnecessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or\nnecessary to maintain transport infrastructure under the Transport Infrastructure Act 1994 ; or\nnecessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose.\ncore airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains\nslashing, mowing, pruning or trimming of plants\n(sec.49-ssec.1) An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for any of the following maintenance activities for an existing land use of the area— routine maintenance of existing infrastructure; maintenance in the course of a plantation management activity on land that was previously lawfully cleared; maintenance in the course of a cropping activity on land that was previously lawfully cleared.\n(sec.49-ssec.2) In this section— cropping activity means an activity undertaken for the management of a cropping area, including site preparation, weed control, harvesting and harvest debris clearing. existing infrastructure means infrastructure that exists before a plant is taken under this section. existing land use , of an area, means a use of the land in the area that— is a lawful use of the land under another law; and is in existence before a plant is taken in the area under this section. plantation management activity means an activity undertaken for the management of a tree plantation, including site preparation, weed control, harvesting and harvest debris clearing. routine maintenance , of existing infrastructure, means maintenance— necessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or necessary to maintain transport infrastructure under the Transport Infrastructure Act 1994 ; or necessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose. core airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains slashing, mowing, pruning or trimming of plants\n- (a) routine maintenance of existing infrastructure;\n- (b) maintenance in the course of a plantation management activity on land that was previously lawfully cleared;\n- (c) maintenance in the course of a cropping activity on land that was previously lawfully cleared.\n- (a) is a lawful use of the land under another law; and\n- (b) is in existence before a plant is taken in the area under this section.\n- (a) necessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or\n- (b) necessary to maintain transport infrastructure under the Transport Infrastructure Act 1994 ; or\n- (c) necessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose. Examples of infrastructure for paragraph (c) — core airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Firebreaks or fire management lines","content":"### sec.50 Firebreaks or fire management lines\n\nAn exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for—\nestablishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following—\n1.5 times the height of the tallest vegetation next to the infrastructure;\n20m; or\nestablishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m.\nIn this section—\ninfrastructure includes a building, or other structure, built or used for any purpose.\n(sec.50-ssec.1) An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for— establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following— 1.5 times the height of the tallest vegetation next to the infrastructure; 20m; or establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m.\n(sec.50-ssec.2) In this section— infrastructure includes a building, or other structure, built or used for any purpose.\n- (a) establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following— (i) 1.5 times the height of the tallest vegetation next to the infrastructure; (ii) 20m; or\n- (i) 1.5 times the height of the tallest vegetation next to the infrastructure;\n- (ii) 20m; or\n- (b) establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m.\n- (i) 1.5 times the height of the tallest vegetation next to the infrastructure;\n- (ii) 20m; or","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Compliance with accepted development vegetation clearing code","content":"### sec.51 Compliance with accepted development vegetation clearing code\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if the taking complies with the requirements applying to the area under—\nthe accepted development vegetation clearing code for managing encroachment; or\nthe accepted development vegetation clearing code for managing weeds.\nIn this section—\naccepted development vegetation clearing code see the Vegetation Management Act 1999 , section 19O (1) and (2) .\n(sec.51-ssec.1) An exemption applies to a person who takes a protected plant in an area by clearing if the taking complies with the requirements applying to the area under— the accepted development vegetation clearing code for managing encroachment; or the accepted development vegetation clearing code for managing weeds.\n(sec.51-ssec.2) In this section— accepted development vegetation clearing code see the Vegetation Management Act 1999 , section 19O (1) and (2) .\n- (a) the accepted development vegetation clearing code for managing encroachment; or\n- (b) the accepted development vegetation clearing code for managing weeds.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Authority under another law","content":"### sec.52 Authority under another law\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if—\nthe taking is assessed and authorised under another law in a way that is consistent with the protected plants assessment guidelines; and\nthe taking is only to the extent authorised under the other law; and\nat least 7 days before the taking starts, the person gives the chief executive—\nnotice of the taking; and\na copy of the authorisation for the taking under the other law.\n- (a) the taking is assessed and authorised under another law in a way that is consistent with the protected plants assessment guidelines; and\n- (b) the taking is only to the extent authorised under the other law; and\n- (c) at least 7 days before the taking starts, the person gives the chief executive— (i) notice of the taking; and (ii) a copy of the authorisation for the taking under the other law.\n- (i) notice of the taking; and\n- (ii) a copy of the authorisation for the taking under the other law.\n- (i) notice of the taking; and\n- (ii) a copy of the authorisation for the taking under the other law.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Conservation purposes","content":"### sec.53 Conservation purposes\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if—\nthe taking is for the purpose of conservation only, and to the extent necessary, to achieve the purpose; and\nthe taking causes disturbance to another protected plant only to the extent necessary to remove the plant being taken.\n- (a) the taking is for the purpose of conservation only, and to the extent necessary, to achieve the purpose; and\n- (b) the taking causes disturbance to another protected plant only to the extent necessary to remove the plant being taken.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Area already cleared—particular permits","content":"### sec.54 Area already cleared—particular permits\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if—\nthe taking is within an area from which the person has already taken plants under a protected plant clearing permit, whether or not the permit ended before the commencement; and\nthe taking is only to the same extent as the taking that is or was authorised as lawful under the permit; and\nthe taking happens within 10 years from the day the permit is granted.\n- (a) the taking is within an area from which the person has already taken plants under a protected plant clearing permit, whether or not the permit ended before the commencement; and\n- (b) the taking is only to the same extent as the taking that is or was authorised as lawful under the permit; and\n- (c) the taking happens within 10 years from the day the permit is granted.","sortOrder":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Area already cleared—high risk areas","content":"### sec.55 Area already cleared—high risk areas\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if—\nthe taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )—\nan exemption under section 48 ;\nan exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and\nthe taking is only to the same extent as the taking that is or was lawful under the first exemption; and\nthe taking happens within 10 years from the day the person—\nfor plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or\nfor plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.\n- (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 48 ; (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and\n- (i) an exemption under section 48 ;\n- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and\n- (b) the taking is only to the same extent as the taking that is or was lawful under the first exemption; and\n- (c) the taking happens within 10 years from the day the person— (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.\n- (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or\n- (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.\n- (i) an exemption under section 48 ;\n- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and\n- (i) for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or\n- (ii) for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.","sortOrder":73},{"sectionNumber":"sec.56","sectionType":"section","heading":"Area already cleared—authority under another law","content":"### sec.56 Area already cleared—authority under another law\n\nAn exemption applies to a person who takes a protected plant in an area by clearing if—\nthe taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )—\nan exemption under section 52 ;\nan exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZF ; and\nthe taking is only to the same extent as the taking that is or was lawful under the first exemption; and\nthe taking happens within 10 years from the day the authorisation required for the first exemption was given to the person.\n- (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\n- (i) an exemption under section 52 ;\n- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZF ; and\n- (b) the taking is only to the same extent as the taking that is or was lawful under the first exemption; and\n- (c) the taking happens within 10 years from the day the authorisation required for the first exemption was given to the person.\n- (i) an exemption under section 52 ;\n- (ii) an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZF ; and","sortOrder":74},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Other exemptions","content":"# Other exemptions","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Exemption for taking and using protected plants under particular authority or lease— Act , ss 89 and 90","content":"### sec.57 Exemption for taking and using protected plants under particular authority or lease— Act , ss 89 and 90\n\nA 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—\nin the course of an activity under—\nan authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or\na mining lease or petroleum lease granted before 31 March 2014; and\nin the way authorised under the authority, mining lease or petroleum lease.\nA person who takes a protected plant under subsection (1) has an exemption for section 90 (1) of the Act to use the plant.\nIn this section—\nmining lease means a mining lease granted under the Mineral Resources Act 1989 .\npetroleum lease means a petroleum lease granted under the Petroleum Act 1923 .\n(sec.57-ssec.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— in the course of an activity under— an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or a mining lease or petroleum lease granted before 31 March 2014; and in the way authorised under the authority, mining lease or petroleum lease.\n(sec.57-ssec.2) A person who takes a protected plant under subsection (1) has an exemption for section 90 (1) of the Act to use the plant.\n(sec.57-ssec.3) 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 .\n- (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 petroleum lease granted before 31 March 2014; and\n- (i) an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or\n- (ii) a mining lease or petroleum lease granted before 31 March 2014; and\n- (b) in the way authorised under the authority, mining lease or petroleum lease.\n- (i) an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or\n- (ii) a mining lease or petroleum lease granted before 31 March 2014; and","sortOrder":76},{"sectionNumber":"sec.58","sectionType":"section","heading":"Exemption for using protected plant registered under Plant Breeder’s Rights Act 1994 (Cwlth) — Act , s 90","content":"### sec.58 Exemption for using protected plant registered under Plant Breeder’s Rights Act 1994 (Cwlth) — Act , s 90\n\nA person has an exemption for section 90 (1) of the Act to use a protected plant that is a plant variety for which a PBR, or plant breeder’s right, has been granted under the Plant Breeder’s Rights Act 1994 (Cwlth) .","sortOrder":77},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Purpose of chapter","content":"### sec.59 Purpose of chapter\n\nThis chapter provides for a licensing scheme that authorises particular persons to take or use protected plants in particular circumstances—\nto promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and\nto allow the ecologically sustainable use of protected plants taken from the wild; and\nto control processes threatening to protected plants; and\nto minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking, and the granting of plant authorities for, protected plants; and\nto encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and\nto minimise the potential for illegally taken protected plants to be used for any purpose.\nThe licensing scheme mentioned in subsection (1) authorises the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and parts of protected plants in the wild.\nSee part 5 , division 4 of the Act for offences prohibiting particular persons from carrying out activities in relation to protected plants in particular circumstances.\nSee chapter 3 for activities that may be carried out by a person under an exemption whether or not the person holds a plant authority.\nSee chapter 8 for requirements for records, tags and labels relating to protected plants.\n(sec.59-ssec.1) This chapter provides for a licensing scheme that authorises particular persons to take or use protected plants in particular circumstances— to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and to allow the ecologically sustainable use of protected plants taken from the wild; and to control processes threatening to protected plants; and to minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking, and the granting of plant authorities for, protected plants; and to encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and to minimise the potential for illegally taken protected plants to be used for any purpose.\n(sec.59-ssec.2) The licensing scheme mentioned in subsection (1) authorises the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and parts of protected plants in the wild.\n- (a) to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and\n- (b) to allow the ecologically sustainable use of protected plants taken from the wild; and\n- (c) to control processes threatening to protected plants; and\n- (d) to minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking, and the granting of plant authorities for, protected plants; and\n- (e) to encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and\n- (f) to minimise the potential for illegally taken protected plants to be used for any purpose.\n- 1 See part 5 , division 4 of the Act for offences prohibiting particular persons from carrying out activities in relation to protected plants in particular circumstances.\n- 2 See chapter 3 for activities that may be carried out by a person under an exemption whether or not the person holds a plant authority.\n- 3 See chapter 8 for requirements for records, tags and labels relating to protected plants.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Inconsistency between authority provisions and conservation plan","content":"### sec.60 Inconsistency between authority provisions and conservation plan\n\nThis section applies if—\na provision of this regulation (the regulation provision ) states what a holder of a plant authority, or a relevant person for the holder—\nmay do under the authority; or\nmust or must not do under the authority; or\nmay do, or must do, on conditions under the authority; and\na provision of a conservation plan (the conservation plan provision ) applying to an authorised plant for the authority is inconsistent with the regulation provision.\nUnless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.\n(sec.60-ssec.1) This section applies if— a provision of this regulation (the regulation provision ) states what a holder of a plant authority, or a relevant person for the holder— may do under the authority; or must or must not do under the authority; or may do, or must do, on conditions under the authority; and a provision of a conservation plan (the conservation plan provision ) applying to an authorised plant for the authority is inconsistent with the regulation provision.\n(sec.60-ssec.2) Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.\n- (a) a provision of this regulation (the regulation provision ) states what a holder of a plant authority, or a relevant person for the holder— (i) may do under the authority; or (ii) must or must not do under the authority; or (iii) may do, or must do, on conditions under the authority; and\n- (i) may do under the authority; or\n- (ii) must or must not do under the authority; or\n- (iii) may do, or must do, on conditions under the authority; and\n- (b) a provision of a conservation plan (the conservation plan provision ) applying to an authorised plant for the authority is inconsistent with the regulation provision.\n- (i) may do under the authority; or\n- (ii) must or must not do under the authority; or\n- (iii) may do, or must do, on conditions under the authority; and","sortOrder":80},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Provisions applying to all plant authorities","content":"# Provisions applying to all plant authorities","sortOrder":81},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General limitation on authorities","content":"## General limitation on authorities","sortOrder":82},{"sectionNumber":"sec.61","sectionType":"section","heading":"Plants must be lawfully obtained","content":"### sec.61 Plants must be lawfully obtained\n\nNothing in this chapter authorises the holder of a plant authority, or a relevant person for the holder, to keep or use a plant that was not lawfully obtained by the holder or relevant person.\nSee sections 89 (4) and 90A of the Act for offences in relation to plants not lawfully taken.\nPart 5 , divisions 4 to 6 of the Act also contains other restrictions about keeping or using wildlife.\n- 1 See sections 89 (4) and 90A of the Act for offences in relation to plants not lawfully taken.\n- 2 Part 5 , divisions 4 to 6 of the Act also contains other restrictions about keeping or using wildlife.","sortOrder":83},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"General conditions","content":"## General conditions","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Purpose of division","content":"### sec.62 Purpose of division\n\nThis division states conditions that apply to all plant authorities.\nFailure to comply with a condition of a plant authority is an offence under section 145 .\nAlso, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a plant authority.\nFor the power of the chief executive to impose conditions on a plant authority, see section 108 .\n(sec.62-ssec.1) This division states conditions that apply to all plant authorities. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.62-ssec.2) This division does not limit any other condition the chief executive may impose on a plant authority. For the power of the chief executive to impose conditions on a plant authority, see section 108 .\n- 1 Failure to comply with a condition of a plant authority is an offence under section 145 .\n- 2 Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":"Plant authority must be available for inspection","content":"### sec.63 Plant authority must be available for inspection\n\nThe holder of a plant authority must, while carrying out an activity under the authority, have the authority, or a copy of the authority, available for inspection.\nThe holder of a plant authority must ensure a relevant person carrying out an activity under the authority has a copy of the authority endorsed by the holder with the relevant person’s name and residential address available for inspection.\n(sec.63-ssec.1) The holder of a plant authority must, while carrying out an activity under the authority, have the authority, or a copy of the authority, available for inspection.\n(sec.63-ssec.2) The holder of a plant authority must ensure a relevant person carrying out an activity under the authority has a copy of the authority endorsed by the holder with the relevant person’s name and residential address available for inspection.","sortOrder":86},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notification of particular changes in authority management system","content":"### sec.64 Notification of particular changes in authority management system\n\nThis section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder.\nHowever, this section does not apply if the holder is a child.\nBefore or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.\ns 64 sub 2025 SL No. 125 s 37\n(sec.64-ssec.1) This section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder.\n(sec.64-ssec.2) However, this section does not apply if the holder is a child.\n(sec.64-ssec.3) Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.","sortOrder":87},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Notification of particular changes by application for amendment","content":"### sec.64A Notification of particular changes by application for amendment\n\nThis section applies if the holder of a plant authority changes, or proposes to change—\nthe postal, residential or business address of the holder; or\nthe licensed premises for the authority; or\nthe name of the holder; or\nif the holder is a corporation—the person in charge for the authority.\nHowever, this section does not apply if, under section 64 , the holder has updated the holder’s information in the authority management system to reflect the change.\nBefore, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change.\nFor amending a plant authority by application, see section 117 .\ns 64A ins 2025 SL No. 125 s 37\n(sec.64A-ssec.1) This section applies if the holder of a plant authority changes, or proposes to change— the postal, residential or business address of the holder; or the licensed premises for the authority; or the name of the holder; or if the holder is a corporation—the person in charge for the authority.\n(sec.64A-ssec.2) However, this section does not apply if, under section 64 , the holder has updated the holder’s information in the authority management system to reflect the change.\n(sec.64A-ssec.3) Before, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change. For amending a plant authority by application, see section 117 .\n- (a) the postal, residential or business address of the holder; or\n- (b) the licensed premises for the authority; or\n- (c) the name of the holder; or\n- (d) if the holder is a corporation—the person in charge for the authority.","sortOrder":88},{"sectionNumber":"sec.65","sectionType":"section","heading":"Buying, accepting and receiving plants","content":"### sec.65 Buying, accepting and receiving plants\n\nThe holder of a plant authority, or a relevant person for the holder, must not buy, accept or receive an authorised plant from a person who is not authorised to sell or give away the plant under—\nthe Act ; or\na law of another State or the Commonwealth.\n- (a) the Act ; or\n- (b) a law of another State or the Commonwealth.","sortOrder":89},{"sectionNumber":"sec.66","sectionType":"section","heading":"Selling and giving away plants","content":"### sec.66 Selling and giving away plants\n\nThe holder of a plant authority, or a relevant person for the holder, must not sell or give away an authorised plant to a person who is not authorised to buy, accept or receive the plant under—\nthe Act ; or\na law of another State or the Commonwealth.\n- (a) the Act ; or\n- (b) a law of another State or the Commonwealth.","sortOrder":90},{"sectionNumber":"sec.67","sectionType":"section","heading":"Restricted plants not to be taken from another monitoring plot","content":"### sec.67 Restricted plants not to be taken from another monitoring plot\n\nThe holder of a plant authority, or a relevant person for the holder, must not take a restricted plant from a monitoring plot established under another holder’s protected plant harvesting licence.","sortOrder":91},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Protected plant growing licences","content":"# Protected plant growing licences","sortOrder":92},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":93},{"sectionNumber":"sec.68","sectionType":"section","heading":"Grant of licence","content":"### sec.68 Grant of licence\n\nSubject to sections 69 and 70 and chapter 5 , part 2 , the chief executive may grant a protected plant growing licence for—\ncultivating a restricted plant; or\npropagating a part of a restricted plant.\n- (a) cultivating a restricted plant; or\n- (b) propagating a part of a restricted plant.","sortOrder":94},{"sectionNumber":"sec.69","sectionType":"section","heading":"General restrictions on grant","content":"### sec.69 General restrictions on grant\n\nThe chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied—\nthe proposed taking of the plant is ecologically sustainable; and\nthe proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and\nthe proposed way of taking the plant complies with the protected plants assessment guidelines.\nThe chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied—\nthere is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and\nthe holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant.\nSubsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan.\nThe chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 .\n(sec.69-ssec.1) The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied— the proposed taking of the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines.\n(sec.69-ssec.2) The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied— there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant.\n(sec.69-ssec.3) Subsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan.\n(sec.69-ssec.4) The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 .\n- (a) the proposed taking of the plant is ecologically sustainable; and\n- (b) the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and\n- (c) the proposed way of taking the plant complies with the protected plants assessment guidelines.\n- (a) there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and\n- (b) the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant.","sortOrder":95},{"sectionNumber":"sec.70","sectionType":"section","heading":"Restriction on grant of licence to take seed or propagative material from particular restricted plants","content":"### sec.70 Restriction on grant of licence to take seed or propagative material from particular restricted plants\n\nThis section applies in relation to the following (each a relevant plant )—\na critically endangered plant or endangered plant;\na restricted plant of the family Cycadaceae;\na restricted plant of the family Zamiaceae.\nThe chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take and use a seed or other propagative material from a relevant plant unless the chief executive is satisfied the holder, or a relevant person for the holder, is able to identify the plant.\n(sec.70-ssec.1) This section applies in relation to the following (each a relevant plant )— a critically endangered plant or endangered plant; a restricted plant of the family Cycadaceae; a restricted plant of the family Zamiaceae.\n(sec.70-ssec.2) The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take and use a seed or other propagative material from a relevant plant unless the chief executive is satisfied the holder, or a relevant person for the holder, is able to identify the plant.\n- (a) a critically endangered plant or endangered plant;\n- (b) a restricted plant of the family Cycadaceae;\n- (c) a restricted plant of the family Zamiaceae.","sortOrder":96},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":97},{"sectionNumber":"sec.71","sectionType":"section","heading":"Taking restricted plants","content":"### sec.71 Taking restricted plants\n\nThe holder of a protected plant growing licence, or a relevant person for the holder, may carry out the following activities—\ntake a part of an authorised plant for propagating the part under controlled conditions;\ntake an authorised plant for cultivating the plant under controlled conditions.\nSee also sections 27 to 30 about particular exemptions relating to restricted plants.\n- (a) take a part of an authorised plant for propagating the part under controlled conditions;\n- (b) take an authorised plant for cultivating the plant under controlled conditions.","sortOrder":98},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Purpose of division","content":"### sec.72 Purpose of division\n\nThis division states conditions that apply to all protected plant growing licences.\nFailure to comply with a condition of a plant authority is an offence under section 145 .\nAlso, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a protected plant growing licence.\nFor the power of the chief executive to impose conditions on a plant authority, see section 108 .\n(sec.72-ssec.1) This division states conditions that apply to all protected plant growing licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.72-ssec.2) This division does not limit any other condition the chief executive may impose on a protected plant growing licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 .\n- 1 Failure to comply with a condition of a plant authority is an offence under section 145 .\n- 2 Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Way plant to be taken","content":"### sec.73 Way plant to be taken\n\nThe holder of a protected plant growing licence, or a relevant person for the holder, may take an authorised plant only in a way that—\nif the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and\ndigging an area of soil directly around a plant to enable the root base of the plant to be removed\nif the taking is by harvesting a part of the plant—\ndoes not result in the death of the plant from which the part is taken; and\nleaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\ncomplies with the plant authorities code.\n- (a) if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and Example— digging an area of soil directly around a plant to enable the root base of the plant to be removed\n- (b) if the taking is by harvesting a part of the plant— (i) does not result in the death of the plant from which the part is taken; and (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\n- (i) does not result in the death of the plant from which the part is taken; and\n- (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\n- (c) complies with the plant authorities code.\n- (i) does not result in the death of the plant from which the part is taken; and\n- (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Taking of plant during harvest period","content":"### sec.74 Taking of plant during harvest period\n\nThis section applies if—\nthe holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and\na harvest period is declared for the particular authorised plant.\nThe holder, or a relevant person for the holder, may take the authorised plant under the licence only—\nduring the harvest period; and\nby complying with the conditions stated in the harvest period notice for the harvest period.\nHowever, subsection (2) does not apply if—\nthe authorised plant taken is a whole restricted plant; and\nthe holder or relevant person takes the authorised plant under the licence by way of operational salvage.\ns 74 amd 2022 SL No. 166 s 32\n(sec.74-ssec.1) This section applies if— the holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant.\n(sec.74-ssec.2) The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period.\n(sec.74-ssec.3) However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of operational salvage.\n- (a) the holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and\n- (b) a harvest period is declared for the particular authorised plant.\n- (a) during the harvest period; and\n- (b) by complying with the conditions stated in the harvest period notice for the harvest period.\n- (a) the authorised plant taken is a whole restricted plant; and\n- (b) the holder or relevant person takes the authorised plant under the licence by way of operational salvage.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Compliance with sustainable harvest plan","content":"### sec.75 Compliance with sustainable harvest plan\n\nThe holder of a protected plant growing licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out activities under the licence.","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":"Taking plant to sell or give away","content":"### sec.76 Taking plant to sell or give away\n\nThe holder of a protected plant growing licence, or a relevant person for the holder, must not take an authorised plant for the purpose of—\nselling the plant; or\ngiving away the plant if the plant is to be used for trade.\n- (a) selling the plant; or\n- (b) giving away the plant if the plant is to be used for trade.","sortOrder":104},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Protected plant harvesting licences","content":"# Protected plant harvesting licences","sortOrder":105},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":106},{"sectionNumber":"sec.77","sectionType":"section","heading":"Grant of licence","content":"### sec.77 Grant of licence\n\nSubject to section 78 and chapter 5 , part 2 , the chief executive may grant a protected plant harvesting licence for a restricted plant.","sortOrder":107},{"sectionNumber":"sec.78","sectionType":"section","heading":"Restrictions on grant","content":"### sec.78 Restrictions on grant\n\nThe chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation.\nThe chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period.\nThe chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied—\nthe holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and\nthe proposed way of taking the plant is ecologically sustainable; and\nthe proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and\nthe proposed way of taking the plant complies with the protected plants assessment guidelines.\nThe chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant.\nThe chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence.\nHowever, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\ns 78 amd 2022 SL No. 166 s 33\n(sec.78-ssec.1) The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation.\n(sec.78-ssec.2) The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period.\n(sec.78-ssec.3) The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied— the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the proposed way of taking the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines.\n(sec.78-ssec.4) The chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant.\n(sec.78-ssec.5) The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence.\n(sec.78-ssec.6) However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\n- (a) the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and\n- (b) the proposed way of taking the plant is ecologically sustainable; and\n- (c) the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and\n- (d) the proposed way of taking the plant complies with the protected plants assessment guidelines.","sortOrder":108},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":109},{"sectionNumber":"sec.79","sectionType":"section","heading":"Taking and using plants","content":"### sec.79 Taking and using plants\n\nThe holder of a protected plant harvesting licence, or a relevant person for the holder, may—\ntake an authorised plant and use the plant to the extent stated in the licence; and\ntake any whole authorised plant by way of contingent salvage.\nSee also sections 27 and 28 about particular exemptions for using plants taken under a protected plant harvesting licence.\n- (a) take an authorised plant and use the plant to the extent stated in the licence; and\n- (b) take any whole authorised plant by way of contingent salvage.","sortOrder":110},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":111},{"sectionNumber":"sec.80","sectionType":"section","heading":"Purpose of division","content":"### sec.80 Purpose of division\n\nThis division states conditions that apply to all protected plant harvesting licences.\nFailure to comply with a condition of a plant authority is an offence under section 145 .\nAlso, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit the conditions the chief executive may impose on a protected plant harvesting licence.\nFor the power of the chief executive to impose conditions on a plant authority, see section 108 .\n(sec.80-ssec.1) This division states conditions that apply to all protected plant harvesting licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.80-ssec.2) This division does not limit the conditions the chief executive may impose on a protected plant harvesting licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 .\n- 1 Failure to comply with a condition of a plant authority is an offence under section 145 .\n- 2 Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":112},{"sectionNumber":"sec.81","sectionType":"section","heading":"Way plant to be taken","content":"### sec.81 Way plant to be taken\n\nThe holder of a protected plant harvesting licence, or a relevant person for the holder, may take an authorised plant only in a way that—\nif the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and\ndigging an area of soil directly around a plant to enable the root base of the plant to be removed\nif the taking is by harvesting a part of the plant—\ndoes not result in the death of the plant from which the part is taken; and\nleaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\ncomplies with the plant authorities code.\n- (a) if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and Example— digging an area of soil directly around a plant to enable the root base of the plant to be removed\n- (b) if the taking is by harvesting a part of the plant— (i) does not result in the death of the plant from which the part is taken; and (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\n- (i) does not result in the death of the plant from which the part is taken; and\n- (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and\n- (c) complies with the plant authorities code.\n- (i) does not result in the death of the plant from which the part is taken; and\n- (ii) leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and","sortOrder":113},{"sectionNumber":"sec.82","sectionType":"section","heading":"Taking of plant during harvest period","content":"### sec.82 Taking of plant during harvest period\n\nThis section applies if—\nthe holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and\na harvest period is declared for the particular authorised plant.\nThe holder, or a relevant person for the holder, may take the authorised plant under the licence only—\nduring the harvest period; and\nby complying with the conditions stated in the harvest period notice for the harvest period.\nHowever, subsection (2) does not apply if—\nthe authorised plant taken is a whole restricted plant; and\nthe holder or relevant person takes the authorised plant under the licence by way of contingent salvage.\ns 82 amd 2022 SL No. 166 s 34\n(sec.82-ssec.1) This section applies if— the holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant.\n(sec.82-ssec.2) The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period.\n(sec.82-ssec.3) However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of contingent salvage.\n- (a) the holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and\n- (b) a harvest period is declared for the particular authorised plant.\n- (a) during the harvest period; and\n- (b) by complying with the conditions stated in the harvest period notice for the harvest period.\n- (a) the authorised plant taken is a whole restricted plant; and\n- (b) the holder or relevant person takes the authorised plant under the licence by way of contingent salvage.","sortOrder":114},{"sectionNumber":"sec.83","sectionType":"section","heading":"Compliance with sustainable harvest plan","content":"### sec.83 Compliance with sustainable harvest plan\n\nThe holder of a protected plant harvesting licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out an activity under the licence to which the plan applies.\ns 83 amd 2022 SL No. 166 s 35","sortOrder":115},{"sectionNumber":"sec.84","sectionType":"section","heading":"Information about monitoring plot for research and monitoring condition","content":"### sec.84 Information about monitoring plot for research and monitoring condition\n\nThis section applies if—\na protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and\nthe chief executive imposes a research and monitoring condition on the licence.\nThe holder must give the chief executive—\nwithin 1 month after a monitoring plot is established—\na map, in electronic form or ink, showing the location of the plot; or\na sketch, in ink, showing the location of the plot; and\nwithin 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot.\nIn this section—\nrequired information , for a monitoring plot, means—\ndetails of the growth of the plants of each species in the plot measured as average height for—\neach stem of each plant from which a part of the plant was taken; and\neach plant designated when the plot was established as a plant from which parts are not to be taken; and\ndetails of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey.\n(sec.84-ssec.1) This section applies if— a protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and the chief executive imposes a research and monitoring condition on the licence.\n(sec.84-ssec.2) The holder must give the chief executive— within 1 month after a monitoring plot is established— a map, in electronic form or ink, showing the location of the plot; or a sketch, in ink, showing the location of the plot; and within 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot.\n(sec.84-ssec.3) In this section— required information , for a monitoring plot, means— details of the growth of the plants of each species in the plot measured as average height for— each stem of each plant from which a part of the plant was taken; and each plant designated when the plot was established as a plant from which parts are not to be taken; and details of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey.\n- (a) a protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and\n- (b) the chief executive imposes a research and monitoring condition on the licence.\n- (a) within 1 month after a monitoring plot is established— (i) a map, in electronic form or ink, showing the location of the plot; or (ii) a sketch, in ink, showing the location of the plot; and\n- (i) a map, in electronic form or ink, showing the location of the plot; or\n- (ii) a sketch, in ink, showing the location of the plot; and\n- (b) within 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot.\n- (i) a map, in electronic form or ink, showing the location of the plot; or\n- (ii) a sketch, in ink, showing the location of the plot; and\n- (a) details of the growth of the plants of each species in the plot measured as average height for— (i) each stem of each plant from which a part of the plant was taken; and (ii) each plant designated when the plot was established as a plant from which parts are not to be taken; and\n- (i) each stem of each plant from which a part of the plant was taken; and\n- (ii) each plant designated when the plot was established as a plant from which parts are not to be taken; and\n- (b) details of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey.\n- (i) each stem of each plant from which a part of the plant was taken; and\n- (ii) each plant designated when the plot was established as a plant from which parts are not to be taken; and","sortOrder":116},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Protected plant clearing permits","content":"# Protected plant clearing permits","sortOrder":117},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":118},{"sectionNumber":"sec.85","sectionType":"section","heading":"Purpose of part","content":"### sec.85 Purpose of part\n\nThis part provides for a protected plant clearing permit for taking, by clearing, protected plants, in particular threatened plants or near threatened plants, to ensure—\nareas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and\nany impacts on threatened plants or near threatened plants are managed.\nIn this section—\nsupporting habitat , for a protected plant, means the components, including other plants, of the habitat of the protected plant necessary for the plant’s survival at any stage of its life cycle and located within 100m of the plant.\n(sec.85-ssec.1) This part provides for a protected plant clearing permit for taking, by clearing, protected plants, in particular threatened plants or near threatened plants, to ensure— areas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and any impacts on threatened plants or near threatened plants are managed.\n(sec.85-ssec.2) In this section— supporting habitat , for a protected plant, means the components, including other plants, of the habitat of the protected plant necessary for the plant’s survival at any stage of its life cycle and located within 100m of the plant.\n- (a) areas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and\n- (b) any impacts on threatened plants or near threatened plants are managed.","sortOrder":119},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":120},{"sectionNumber":"sec.86","sectionType":"section","heading":"Grant of permit","content":"### sec.86 Grant of permit\n\nSubject to sections 87 and 88 and chapter 5 , part 2 , the chief executive may grant a protected plant clearing permit to take, by clearing, a protected plant in the wild for the use of the land on which the plant is taken.","sortOrder":121},{"sectionNumber":"sec.87","sectionType":"section","heading":"General restrictions on grant","content":"### sec.87 General restrictions on grant\n\nThe chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied—\nthe proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and\nthe holder has given the chief executive—\nfor taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or\nfor taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and\nthe holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and\nif a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated—\nany impacts the clearing is expected to have on the plant; and\nall reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and\nthe clearing is not likely to adversely affect the plant’s survival in the wild.\nHowever, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied—\nthere is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and\nthe refusal of the permit would impede the provision of an essential community service; and\nthe proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) .\n(sec.87-ssec.1) The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied— the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the holder has given the chief executive— for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— any impacts the clearing is expected to have on the plant; and all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and the clearing is not likely to adversely affect the plant’s survival in the wild.\n(sec.87-ssec.2) However, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied— there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and the refusal of the permit would impede the provision of an essential community service; and the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) .\n- (a) the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and\n- (b) the holder has given the chief executive— (i) for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or (ii) for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and\n- (i) for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or\n- (ii) for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and\n- (c) the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and\n- (d) if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— (i) any impacts the clearing is expected to have on the plant; and (ii) all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and (iii) the clearing is not likely to adversely affect the plant’s survival in the wild.\n- (i) any impacts the clearing is expected to have on the plant; and\n- (ii) all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and\n- (iii) the clearing is not likely to adversely affect the plant’s survival in the wild.\n- (i) for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or\n- (ii) for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and\n- (i) any impacts the clearing is expected to have on the plant; and\n- (ii) all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and\n- (iii) the clearing is not likely to adversely affect the plant’s survival in the wild.\n- (a) there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and\n- (b) the refusal of the permit would impede the provision of an essential community service; and\n- (c) the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) .","sortOrder":122},{"sectionNumber":"sec.88","sectionType":"section","heading":"Restriction on grant of permit in relation to particular areas","content":"### sec.88 Restriction on grant of permit in relation to particular areas\n\nThe chief executive may grant a protected plant clearing permit for taking, by clearing, a protected plant from an area identified under a regulation or conservation plan as, or including, a critical habitat or an area of major interest only if—\nthe regulation or plan does not prohibit the granting of the permit; and\nthe chief executive is satisfied the taking of the plant is not likely to have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area.\n- (a) the regulation or plan does not prohibit the granting of the permit; and\n- (b) the chief executive is satisfied the taking of the plant is not likely to have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area.","sortOrder":123},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":124},{"sectionNumber":"sec.89","sectionType":"section","heading":"Taking and using plants","content":"### sec.89 Taking and using plants\n\nThe holder of a protected plant clearing permit, or a relevant person for the holder, may carry out the following activities—\ntake, by clearing, an authorised plant to the extent stated in the permit;\nuse an authorised plant taken by clearing to the extent stated in the permit;\notherwise clear all plants in an area to which the permit relates.\nThis section does not limit—\na protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or\nan exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit.\n(sec.89-ssec.1) The holder of a protected plant clearing permit, or a relevant person for the holder, may carry out the following activities— take, by clearing, an authorised plant to the extent stated in the permit; use an authorised plant taken by clearing to the extent stated in the permit; otherwise clear all plants in an area to which the permit relates.\n(sec.89-ssec.2) This section does not limit— a protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or an exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit.\n- (a) take, by clearing, an authorised plant to the extent stated in the permit;\n- (b) use an authorised plant taken by clearing to the extent stated in the permit;\n- (c) otherwise clear all plants in an area to which the permit relates.\n- (a) a protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or\n- (b) an exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit.","sortOrder":125},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Aboriginal tradition authorities","content":"# Aboriginal tradition authorities","sortOrder":126},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":127},{"sectionNumber":"sec.90","sectionType":"section","heading":"Grant of authority","content":"### sec.90 Grant of authority\n\nSubject to section 91 and chapter 5 , part 2 , the chief executive may grant an Aboriginal tradition authority for a protected plant.","sortOrder":128},{"sectionNumber":"sec.91","sectionType":"section","heading":"Restrictions on grant","content":"### sec.91 Restrictions on grant\n\nThe chief executive must not grant an Aboriginal tradition authority for a protected plant to a person other than a corporation whose members represent a community or group of Aboriginal peoples particularly concerned with the land from where the plant is to be taken.\nThe chief executive must not grant an Aboriginal tradition authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Aboriginal tradition.\nThe matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Aboriginal tradition authority represents as having authority to state the traditional significance of the protected plant.\ns 91 amd 2024 SL No. 196 s 63 sch 1\n(sec.91-ssec.1) The chief executive must not grant an Aboriginal tradition authority for a protected plant to a person other than a corporation whose members represent a community or group of Aboriginal peoples particularly concerned with the land from where the plant is to be taken.\n(sec.91-ssec.2) The chief executive must not grant an Aboriginal tradition authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Aboriginal tradition.\n(sec.91-ssec.3) The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Aboriginal tradition authority represents as having authority to state the traditional significance of the protected plant.","sortOrder":129},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Activities authorised under authority","content":"## Activities authorised under authority","sortOrder":130},{"sectionNumber":"sec.92","sectionType":"section","heading":"Taking and using plants","content":"### sec.92 Taking and using plants\n\nThe holder of an Aboriginal tradition authority, or a relevant person for the holder, may carry out the following activities—\ntake, in accordance with Aboriginal tradition, an authorised plant from the place stated in the authority;\nuse an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;\nuse an authorised plant taken under the authority for the non-commercial communal needs of the holder.\n- (a) take, in accordance with Aboriginal tradition, an authorised plant from the place stated in the authority;\n- (b) use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;\n- (c) use an authorised plant taken under the authority for the non-commercial communal needs of the holder.","sortOrder":131},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Ailan Kastom authorities","content":"# Ailan Kastom authorities","sortOrder":132},{"sectionNumber":"ch.4-pt.7-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":133},{"sectionNumber":"sec.93","sectionType":"section","heading":"Grant of authority","content":"### sec.93 Grant of authority\n\nSubject to section 94 and chapter 5 , part 2 , the chief executive may grant an Ailan Kastom authority for a protected plant.\ns 93 amd 2024 SL No. 196 s 63 sch 1","sortOrder":134},{"sectionNumber":"sec.94","sectionType":"section","heading":"Restrictions on grant","content":"### sec.94 Restrictions on grant\n\nThe chief executive must not grant an Ailan Kastom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islander peoples particularly concerned with the land from where the plant is to be taken.\nThe chief executive must not grant an Ailan Kastom authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Ailan Kastom.\nThe matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Ailan Kastom authority represents as having authority to state the customary significance of the protected plant.\ns 94 amd 2024 SL No. 196 s 63 sch 1\n(sec.94-ssec.1) The chief executive must not grant an Ailan Kastom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islander peoples particularly concerned with the land from where the plant is to be taken.\n(sec.94-ssec.2) The chief executive must not grant an Ailan Kastom authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Ailan Kastom.\n(sec.94-ssec.3) The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Ailan Kastom authority represents as having authority to state the customary significance of the protected plant.","sortOrder":135},{"sectionNumber":"ch.4-pt.7-div.2","sectionType":"division","heading":"Activities authorised under authority","content":"## Activities authorised under authority","sortOrder":136},{"sectionNumber":"sec.95","sectionType":"section","heading":"Taking and using plants","content":"### sec.95 Taking and using plants\n\nThe holder of an Ailan Kastom authority, or a relevant person for the holder, may carry out the following activities—\ntake, in accordance with Ailan Kastom, an authorised plant from the place stated in the authority;\nuse an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;\nuse an authorised plant taken under the authority for the non-commercial communal needs of the holder.\ns 95 amd 2024 SL No. 196 s 63 sch 1\n- (a) take, in accordance with Ailan Kastom, an authorised plant from the place stated in the authority;\n- (b) use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;\n- (c) use an authorised plant taken under the authority for the non-commercial communal needs of the holder.","sortOrder":137},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Restrictions on grant for all authorities","content":"# Restrictions on grant for all authorities","sortOrder":138},{"sectionNumber":"sec.96","sectionType":"section","heading":"Restrictions on grant","content":"### sec.96 Restrictions on grant\n\nThe chief executive must not grant a plant authority to an applicant for the authority if—\nfor an applicant that is a corporation—the applicant does not have an office in the State; or\na conservation plan prohibits the grant of the authority in the applicant’s circumstances; or\nthe applicant is not a suitable person to hold the authority; or\nSee also part 2 , division 2 .\nfor an application made using the authority management system—the applicant does not make a required declaration; or\nthe activities proposed to be carried out under the authority are likely to adversely affect—\nthe conservation of the native wildlife; or\nthe ecological sustainability of any wildlife; or\na plant to which the authority could apply has been unlawfully taken, kept or used; or\nfor an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to—\nsignificantly reduce the local dugong population; or\nsignificantly harm dugong habitat.\nSee also chapter 4 , parts 3 to 7 for other restrictions on the grant of particular plant authorities.\nIn this section—\ndugong means an animal of the species Dugong dugon .\ndugong protection area means regulated waters under the Fisheries Declaration 2019 , chapter 2 with a name that includes either of the following terms—\ngreater dugong protection area;\ndugong protection area.\ns 96 amd 2025 SL No. 125 s 38\n(sec.96-ssec.1) The chief executive must not grant a plant authority to an applicant for the authority if— for an applicant that is a corporation—the applicant does not have an office in the State; or a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or the applicant is not a suitable person to hold the authority; or See also part 2 , division 2 . for an application made using the authority management system—the applicant does not make a required declaration; or the activities proposed to be carried out under the authority are likely to adversely affect— the conservation of the native wildlife; or the ecological sustainability of any wildlife; or a plant to which the authority could apply has been unlawfully taken, kept or used; or for an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to— significantly reduce the local dugong population; or significantly harm dugong habitat. See also chapter 4 , parts 3 to 7 for other restrictions on the grant of particular plant authorities.\n(sec.96-ssec.2) In this section— dugong means an animal of the species Dugong dugon . dugong protection area means regulated waters under the Fisheries Declaration 2019 , chapter 2 with a name that includes either of the following terms— greater dugong protection area; dugong protection area.\n- (a) for an applicant that is a corporation—the applicant does not have an office in the State; or\n- (b) a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or\n- (c) the applicant is not a suitable person to hold the authority; or Note— See also part 2 , division 2 .\n- (d) for an application made using the authority management system—the applicant does not make a required declaration; or\n- (e) the activities proposed to be carried out under the authority are likely to adversely affect— (i) the conservation of the native wildlife; or (ii) the ecological sustainability of any wildlife; or\n- (i) the conservation of the native wildlife; or\n- (ii) the ecological sustainability of any wildlife; or\n- (f) a plant to which the authority could apply has been unlawfully taken, kept or used; or\n- (g) for an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to— (i) significantly reduce the local dugong population; or (ii) significantly harm dugong habitat.\n- (i) significantly reduce the local dugong population; or\n- (ii) significantly harm dugong habitat.\n- (i) the conservation of the native wildlife; or\n- (ii) the ecological sustainability of any wildlife; or\n- (i) significantly reduce the local dugong population; or\n- (ii) significantly harm dugong habitat.\n- (a) greater dugong protection area;\n- (b) dugong protection area.","sortOrder":139},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Applications for authorities","content":"# Applications for authorities","sortOrder":140},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Making applications","content":"## Making applications","sortOrder":141},{"sectionNumber":"sec.97","sectionType":"section","heading":"Requirements for application","content":"### sec.97 Requirements for application\n\nA person may apply to the chief executive for the grant of a plant authority.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided; and\nbe accompanied by the prescribed fee for the application; and\ncomply with any other requirements applying to the application under a conservation plan; and\nfor an application for a protected plant growing licence—be accompanied by a sustainable harvest plan if required under section 98 ; and\nfor an application for a protected plant harvesting licence—be accompanied by a sustainable harvest plan.\nHowever, subsection (2) (f) does not apply to an application for a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\ns 97 amd 2022 SL No. 166 s 36\n(sec.97-ssec.1) A person may apply to the chief executive for the grant of a plant authority.\n(sec.97-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided; and be accompanied by the prescribed fee for the application; and comply with any other requirements applying to the application under a conservation plan; and for an application for a protected plant growing licence—be accompanied by a sustainable harvest plan if required under section 98 ; and for an application for a protected plant harvesting licence—be accompanied by a sustainable harvest plan.\n(sec.97-ssec.3) However, subsection (2) (f) does not apply to an application for a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided; and\n- (c) be accompanied by the prescribed fee for the application; and\n- (d) comply with any other requirements applying to the application under a conservation plan; and\n- (e) for an application for a protected plant growing licence—be accompanied by a sustainable harvest plan if required under section 98 ; and\n- (f) for an application for a protected plant harvesting licence—be accompanied by a sustainable harvest plan.","sortOrder":142},{"sectionNumber":"sec.98","sectionType":"section","heading":"Chief executive may require sustainable harvest plan","content":"### sec.98 Chief executive may require sustainable harvest plan\n\nThe chief executive may require an application for a protected plant growing licence to be accompanied by a sustainable harvest plan if the chief executive is satisfied it is necessary for the application to demonstrate that the proposed level of harvest of a protected plant under the licence—\nis ecologically sustainable; or\nprovides a benefit for the conservation of the species of protected plant proposed to be taken under the licence.\n- (a) is ecologically sustainable; or\n- (b) provides a benefit for the conservation of the species of protected plant proposed to be taken under the licence.","sortOrder":143},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Suitability","content":"## Suitability","sortOrder":144},{"sectionNumber":"sec.99","sectionType":"section","heading":"Purpose of division","content":"### sec.99 Purpose of division\n\nThis division states when a person is not a suitable person to hold a plant authority.","sortOrder":145},{"sectionNumber":"sec.100","sectionType":"section","heading":"Definitions for division","content":"### sec.100 Definitions for division\n\nIn this division—\nassociate , of a person whose suitability to hold a plant authority is being considered, means—\nif the person is a corporation—each executive officer of the corporation; or\nif the person is an individual—another person who—\nis, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or\nregularly directs staff of the activity or business in their duties; or\nis, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.\nrelevant day , for a person, means—\nfor deciding whether or not the person is a suitable person to hold a plant authority—the day the person made the application for the authority under division 1 ; or\nfor deciding whether or not the holder of a plant authority is not, or is no longer, a suitable person to hold the authority—the day the decision is made.\n- (a) if the person is a corporation—each executive officer of the corporation; or\n- (b) if the person is an individual—another person who— (i) is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or (ii) regularly directs staff of the activity or business in their duties; or (iii) is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.\n- (i) is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or\n- (ii) regularly directs staff of the activity or business in their duties; or\n- (iii) is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.\n- (i) is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or\n- (ii) regularly directs staff of the activity or business in their duties; or\n- (iii) is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.\n- (a) for deciding whether or not the person is a suitable person to hold a plant authority—the day the person made the application for the authority under division 1 ; or\n- (b) for deciding whether or not the holder of a plant authority is not, or is no longer, a suitable person to hold the authority—the day the decision is made.","sortOrder":146},{"sectionNumber":"sec.101","sectionType":"section","heading":"Suitability based on convictions","content":"### sec.101 Suitability based on convictions\n\nA person is not a suitable person to hold a plant authority if—\nthe person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—\nan offence against the Act ; or\nan animal welfare offence under the Animal Care and Protection Act 2001 ; or\nan offence under another Act relating to wildlife; or\nan offence relating to wildlife, however described—\nunder another Act; or\nunder the law of another jurisdiction; and\nthe chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.\nA person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant.\nA person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant.\nSubsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 .\ns 101 amd 2025 SL No. 125 s 39\n(sec.101-ssec.1) A person is not a suitable person to hold a plant authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence under another Act relating to wildlife; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant. A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant.\n(sec.101-ssec.2) Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 .\n- (a) the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— (i) an offence against the Act ; or (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or (iii) an offence under another Act relating to wildlife; or (iv) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence under another Act relating to wildlife; or\n- (iv) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (b) the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. Examples of when chief executive may be satisfied— 1 A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant. 2 A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant.\n- 1 A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant.\n- 2 A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant.\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence under another Act relating to wildlife; or\n- (iv) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- 1 A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant.\n- 2 A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant.","sortOrder":147},{"sectionNumber":"sec.102","sectionType":"section","heading":"Suitability based on other matters","content":"### sec.102 Suitability based on other matters\n\nA person is not a suitable person to hold a plant authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.\nWithout limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the plant authority in a competent and ethical way if—\nthe person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or\nthe person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or\nthe person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.\nIn this section—\ncorresponding authority means an authority, however described, that—\nwas issued, given or granted to a person under the law of another jurisdiction; and\nauthorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.\ns 102 sub 2021 SL No. 165 s 32\namd 2022 SL No. 166 s 37 ; 2025 SL No. 125 s 40\n(sec.102-ssec.1) A person is not a suitable person to hold a plant authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.\n(sec.102-ssec.2) Without limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the plant authority in a competent and ethical way if— the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.\n(sec.102-ssec.3) In this section— corresponding authority means an authority, however described, that— was issued, given or granted to a person under the law of another jurisdiction; and authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.\n- (a) the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or\n- (b) the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or\n- (c) the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.\n- (a) was issued, given or granted to a person under the law of another jurisdiction; and\n- (b) authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.","sortOrder":148},{"sectionNumber":"sec.103","sectionType":"section","heading":"Accumulation of demerit points","content":"### sec.103 Accumulation of demerit points\n\nThis section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—\nis convicted of the offence; or\npays the fine stated in the infringement notice for the offence; or\napplies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or\nfails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\nFor section 102 (2) (a) and (b) , the person accumulates the following number of demerit points for the offence—\nfor an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;\nfor an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;\nfor an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;\nfor an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;\nfor an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;\nfor an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.\nThe person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.\nHowever, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.\nSubsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999 , section 31 .\nIn this section—\ndefault certificate see the State Penalties Enforcement Act 1999 , section 33 (1) .\nSPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999 , section 7 .\ns 103 amd 2022 SL No. 166 s 38\n(sec.103-ssec.1) This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person— is convicted of the offence; or pays the fine stated in the infringement notice for the offence; or applies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\n(sec.103-ssec.2) For section 102 (2) (a) and (b) , the person accumulates the following number of demerit points for the offence— for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point; for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points; for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points; for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points; for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points; for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.\n(sec.103-ssec.3) The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.\n(sec.103-ssec.4) However, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.\n(sec.103-ssec.5) Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999 , section 31 .\n(sec.103-ssec.6) In this section— default certificate see the State Penalties Enforcement Act 1999 , section 33 (1) . SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999 , section 7 . s 103 amd 2022 SL No. 166 s 38\n- (a) is convicted of the offence; or\n- (b) pays the fine stated in the infringement notice for the offence; or\n- (c) applies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or\n- (d) fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\n- (a) for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;\n- (b) for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;\n- (c) for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;\n- (d) for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;\n- (e) for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;\n- (f) for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.","sortOrder":149},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Considering applications","content":"## Considering applications","sortOrder":150},{"sectionNumber":"sec.104","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.104 Matters chief executive must consider\n\nThe chief executive must consider an application for a plant authority having regard to each of the following matters—\nwhether the chief executive is restricted from granting the authority under part 1 or chapter 4 , parts 3 to 7 ;\nwhether the applicant is a suitable person to hold the authority;\nSee also division 2 for when a person is not a suitable person.\nthe impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;\nthe effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;\nany contribution the applicant proposes to make to the conservation of nature;\nany relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\nthe precautionary principle;\npublic health and safety;\nthe public interest;\nany recovery plan for a plant to which the authority is proposed to apply;\nfor a plant authority proposed to take effect immediately after an existing plant authority of the same type ends—\nwhether the existing plant authority was obtained on the basis of incorrect or misleading information; and\nwhether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;\nfor an Aboriginal tradition authority—any advice given by the corporation named in the application on the significance, under Aboriginal tradition, of the activity proposed to be carried out under the authority;\nfor an Ailan Kastom authority—any advice given by the corporation named in the application on the significance, under Ailan Kastom, of the activity proposed to be carried out under the authority;\nany other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the authority.\nWithout limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act .\nIn this section—\nprecautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.\ns 104 amd 2024 SL No. 196 s 63 sch 1\n(sec.104-ssec.1) The chief executive must consider an application for a plant authority having regard to each of the following matters— whether the chief executive is restricted from granting the authority under part 1 or chapter 4 , parts 3 to 7 ; whether the applicant is a suitable person to hold the authority; See also division 2 for when a person is not a suitable person. the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife; the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for a plant to which the authority is proposed to apply; for a plant authority proposed to take effect immediately after an existing plant authority of the same type ends— whether the existing plant authority was obtained on the basis of incorrect or misleading information; and whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority; for an Aboriginal tradition authority—any advice given by the corporation named in the application on the significance, under Aboriginal tradition, of the activity proposed to be carried out under the authority; for an Ailan Kastom authority—any advice given by the corporation named in the application on the significance, under Ailan Kastom, of the activity proposed to be carried out under the authority; any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the authority.\n(sec.104-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act .\n(sec.104-ssec.3) In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.\n- (a) whether the chief executive is restricted from granting the authority under part 1 or chapter 4 , parts 3 to 7 ;\n- (b) whether the applicant is a suitable person to hold the authority; Note— See also division 2 for when a person is not a suitable person.\n- (c) the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;\n- (d) the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;\n- (e) any contribution the applicant proposes to make to the conservation of nature;\n- (f) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\n- (g) the precautionary principle;\n- (h) public health and safety;\n- (i) the public interest;\n- (j) any recovery plan for a plant to which the authority is proposed to apply;\n- (k) for a plant authority proposed to take effect immediately after an existing plant authority of the same type ends— (i) whether the existing plant authority was obtained on the basis of incorrect or misleading information; and (ii) whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;\n- (i) whether the existing plant authority was obtained on the basis of incorrect or misleading information; and\n- (ii) whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;\n- (l) for an Aboriginal tradition authority—any advice given by the corporation named in the application on the significance, under Aboriginal tradition, of the activity proposed to be carried out under the authority;\n- (m) for an Ailan Kastom authority—any advice given by the corporation named in the application on the significance, under Ailan Kastom, of the activity proposed to be carried out under the authority;\n- (n) any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the authority.\n- (i) whether the existing plant authority was obtained on the basis of incorrect or misleading information; and\n- (ii) whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;","sortOrder":151},{"sectionNumber":"sec.105","sectionType":"section","heading":"Chief executive may require further information or document","content":"### sec.105 Chief executive may require further information or document\n\nBefore deciding an application for a plant authority, the chief executive may ask the applicant for further information or a document the chief executive reasonably requires to decide the application.\nThe chief executive may require the information or document to be verified by statutory declaration.\nThe chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.\nA notice given under subsection (3) must—\nbe given to the applicant within 20 business days after the chief executive receives the application; and\nstate a reasonable period, of at least 20 business days after it is given, within which the information or document must be given.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the request within—\nif the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or\notherwise—a reasonable period.\nThe chief executive may extend a period mentioned in subsection (5) .\n(sec.105-ssec.1) Before deciding an application for a plant authority, the chief executive may ask the applicant for further information or a document the chief executive reasonably requires to decide the application.\n(sec.105-ssec.2) The chief executive may require the information or document to be verified by statutory declaration.\n(sec.105-ssec.3) The chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.\n(sec.105-ssec.4) A notice given under subsection (3) must— be given to the applicant within 20 business days after the chief executive receives the application; and state a reasonable period, of at least 20 business days after it is given, within which the information or document must be given.\n(sec.105-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within— if the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or otherwise—a reasonable period.\n(sec.105-ssec.6) The chief executive may extend a period mentioned in subsection (5) .\n- (a) be given to the applicant within 20 business days after the chief executive receives the application; and\n- (b) state a reasonable period, of at least 20 business days after it is given, within which the information or document must be given.\n- (a) if the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or\n- (b) otherwise—a reasonable period.","sortOrder":152},{"sectionNumber":"sec.106","sectionType":"section","heading":"Approval of sustainable harvest plan","content":"### sec.106 Approval of sustainable harvest plan\n\nThe chief executive may approve a sustainable harvest plan in relation to an application for a protected plant licence only if the chief executive is satisfied the plan—\ndemonstrates the proposed level of harvest of a restricted plant under the licence—\nis ecologically sustainable; or\nprovides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and\nincreasing the extent or abundance of the wild population of the species or improving knowledge of the species biology\nstates the information required under the protected plants assessment guidelines for the plan in relation to the application for the licence.\nHowever, subsection (1) does not apply in relation to an application for a protected plant licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\ns 106 amd 2022 SL No. 166 s 39\n(sec.106-ssec.1) The chief executive may approve a sustainable harvest plan in relation to an application for a protected plant licence only if the chief executive is satisfied the plan— demonstrates the proposed level of harvest of a restricted plant under the licence— is ecologically sustainable; or provides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and increasing the extent or abundance of the wild population of the species or improving knowledge of the species biology states the information required under the protected plants assessment guidelines for the plan in relation to the application for the licence.\n(sec.106-ssec.2) However, subsection (1) does not apply in relation to an application for a protected plant licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.\n- (a) demonstrates the proposed level of harvest of a restricted plant under the licence— (i) is ecologically sustainable; or (ii) provides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and Examples— increasing the extent or abundance of the wild population of the species or improving knowledge of the species biology\n- (i) is ecologically sustainable; or\n- (ii) provides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and Examples— increasing the extent or abundance of the wild population of the species or improving knowledge of the species biology\n- (b) states the information required under the protected plants assessment guidelines for the plan in relation to the application for the licence.\n- (i) is ecologically sustainable; or\n- (ii) provides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and Examples— increasing the extent or abundance of the wild population of the species or improving knowledge of the species biology","sortOrder":153},{"sectionNumber":"sec.107","sectionType":"section","heading":"Amending application","content":"### sec.107 Amending application\n\nAn applicant for an application for a plant authority may amend the application if—\nthe chief executive has not finished considering whether to grant the application; and\nthe chief executive agrees to the amendment of the application.\nIf the chief executive agrees to a major amendment of the application, the applicant must pay the prescribed fee for the amendment.\nIn this section—\nmajor amendment , of an application for a plant authority, means—\nfor an application for a protected plant licence—\nan increase in the size of the area to which the application relates; or\nan addition of, or change to, a species of protected plant to which the application relates; or\nfor an application for a protected plant clearing permit—a change to the size of the area to which the application relates.\n(sec.107-ssec.1) An applicant for an application for a plant authority may amend the application if— the chief executive has not finished considering whether to grant the application; and the chief executive agrees to the amendment of the application.\n(sec.107-ssec.2) If the chief executive agrees to a major amendment of the application, the applicant must pay the prescribed fee for the amendment.\n(sec.107-ssec.3) In this section— major amendment , of an application for a plant authority, means— for an application for a protected plant licence— an increase in the size of the area to which the application relates; or an addition of, or change to, a species of protected plant to which the application relates; or for an application for a protected plant clearing permit—a change to the size of the area to which the application relates.\n- (a) the chief executive has not finished considering whether to grant the application; and\n- (b) the chief executive agrees to the amendment of the application.\n- (a) for an application for a protected plant licence— (i) an increase in the size of the area to which the application relates; or (ii) an addition of, or change to, a species of protected plant to which the application relates; or\n- (i) an increase in the size of the area to which the application relates; or\n- (ii) an addition of, or change to, a species of protected plant to which the application relates; or\n- (b) for an application for a protected plant clearing permit—a change to the size of the area to which the application relates.\n- (i) an increase in the size of the area to which the application relates; or\n- (ii) an addition of, or change to, a species of protected plant to which the application relates; or","sortOrder":154},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":155},{"sectionNumber":"sec.108","sectionType":"section","heading":"Chief executive to decide application","content":"### sec.108 Chief executive to decide application\n\nThe chief executive must, after considering an application for a plant authority, decide to—\ngrant the authority, with or without conditions decided by the chief executive; or\nrefuse the application.\nThe chief executive must decide the application—\nif, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\notherwise—within 40 business days after receiving the application.\nSubsection (4) applies if the chief executive considers a clearing activity to be carried out under a protected plant clearing permit will have a significant residual impact on critically endangered plants, endangered plants or vulnerable plants.\nWithout limiting subsection (1) , the chief executive may impose a condition on the protected plant clearing permit requiring the holder of the permit to provide an environmental offset for the clearing activity.\nIn this section—\nenvironmental offset see the Environmental Offsets Act 2014 , section 7 (2) .\nsignificant residual impact see the Environmental Offsets Act 2014 , section 8 .\ns 108 amd 2021 SL No. 36 s 52\n(sec.108-ssec.1) The chief executive must, after considering an application for a plant authority, decide to— grant the authority, with or without conditions decided by the chief executive; or refuse the application.\n(sec.108-ssec.2) The chief executive must decide the application— if, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application.\n(sec.108-ssec.3) Subsection (4) applies if the chief executive considers a clearing activity to be carried out under a protected plant clearing permit will have a significant residual impact on critically endangered plants, endangered plants or vulnerable plants.\n(sec.108-ssec.4) Without limiting subsection (1) , the chief executive may impose a condition on the protected plant clearing permit requiring the holder of the permit to provide an environmental offset for the clearing activity.\n(sec.108-ssec.5) In this section— environmental offset see the Environmental Offsets Act 2014 , section 7 (2) . significant residual impact see the Environmental Offsets Act 2014 , section 8 .\n- (a) grant the authority, with or without conditions decided by the chief executive; or\n- (b) refuse the application.\n- (a) if, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\n- (b) otherwise—within 40 business days after receiving the application.","sortOrder":156},{"sectionNumber":"sec.109","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.109 Steps to be taken after application decided\n\nIf the chief executive decides to grant a plant authority, the chief executive must, as soon as practicable after making the decision, give the applicant—\nthe authority; and\nif a condition was imposed on the authority under section 108 (1) (a) —an information notice for the decision to impose the condition.\nSubsection (1) (b) does not apply in relation to a condition that the applicant sought in the application.\nIf the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\nA document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.\ns 109 amd 2025 SL No. 125 s 41\n(sec.109-ssec.1) If the chief executive decides to grant a plant authority, the chief executive must, as soon as practicable after making the decision, give the applicant— the authority; and if a condition was imposed on the authority under section 108 (1) (a) —an information notice for the decision to impose the condition.\n(sec.109-ssec.2) Subsection (1) (b) does not apply in relation to a condition that the applicant sought in the application.\n(sec.109-ssec.3) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\n(sec.109-ssec.4) A document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.\n- (a) the authority; and\n- (b) if a condition was imposed on the authority under section 108 (1) (a) —an information notice for the decision to impose the condition.","sortOrder":157},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Form of authorities","content":"# Form of authorities","sortOrder":158},{"sectionNumber":"sec.110","sectionType":"section","heading":"Form","content":"### sec.110 Form\n\nA plant authority must be in writing.\nThe chief executive may use 1 document for the grant of more than 1 plant authority.\n(sec.110-ssec.1) A plant authority must be in writing.\n(sec.110-ssec.2) The chief executive may use 1 document for the grant of more than 1 plant authority.","sortOrder":159},{"sectionNumber":"sec.111","sectionType":"section","heading":"Matters to be stated in plant authority","content":"### sec.111 Matters to be stated in plant authority\n\nThe following information must be stated in a plant authority—\nthe day the authority is granted;\nif the authority does not take effect on the day it was granted—the day it takes effect;\neither the term or end date of the authority;\nthe name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN;\nthe address of the holder of the authority;\neach species of plant to which the authority applies;\nif the authority applies to a particular number of plants of a particular species—the number;\nSee also section 114 .\nthe premises that are the licensed premises for the authority;\nif the authority is for taking a plant—the place from where the plant may be taken;\nif the authority is granted to a corporation—the name of the person in charge for the authority;\nfor an Aboriginal tradition authority or Ailan Kastom authority—the names of the individuals who may carry out activities under the authority;\nany conditions imposed by the chief executive on the authority.\nSubsection (1) (f) does not apply to a plant authority granted for taking or using all plants in an area that is, or is about to be, lawfully destroyed.\nFor subsection (1) (k) , an individual may be stated in an Aboriginal tradition authority or Ailan Kastom authority only if the individual is named in the application for the authority.\ns 111 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 125 s 42\n(sec.111-ssec.1) The following information must be stated in a plant authority— the day the authority is granted; if the authority does not take effect on the day it was granted—the day it takes effect; either the term or end date of the authority; the name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN; the address of the holder of the authority; each species of plant to which the authority applies; if the authority applies to a particular number of plants of a particular species—the number; See also section 114 . the premises that are the licensed premises for the authority; if the authority is for taking a plant—the place from where the plant may be taken; if the authority is granted to a corporation—the name of the person in charge for the authority; for an Aboriginal tradition authority or Ailan Kastom authority—the names of the individuals who may carry out activities under the authority; any conditions imposed by the chief executive on the authority.\n(sec.111-ssec.2) Subsection (1) (f) does not apply to a plant authority granted for taking or using all plants in an area that is, or is about to be, lawfully destroyed.\n(sec.111-ssec.3) For subsection (1) (k) , an individual may be stated in an Aboriginal tradition authority or Ailan Kastom authority only if the individual is named in the application for the authority.\n- (a) the day the authority is granted;\n- (b) if the authority does not take effect on the day it was granted—the day it takes effect;\n- (c) either the term or end date of the authority;\n- (d) the name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN;\n- (e) the address of the holder of the authority;\n- (f) each species of plant to which the authority applies;\n- (g) if the authority applies to a particular number of plants of a particular species—the number; Note— See also section 114 .\n- (h) the premises that are the licensed premises for the authority;\n- (i) if the authority is for taking a plant—the place from where the plant may be taken;\n- (j) if the authority is granted to a corporation—the name of the person in charge for the authority;\n- (k) for an Aboriginal tradition authority or Ailan Kastom authority—the names of the individuals who may carry out activities under the authority;\n- (l) any conditions imposed by the chief executive on the authority.","sortOrder":160},{"sectionNumber":"sec.112","sectionType":"section","heading":"Stating species in plant authority","content":"### sec.112 Stating species in plant authority\n\nThis section applies for stating a species of plant on a plant authority under section 111 (1) (f) .\nThe plant authority is taken to state—\nif the authority states a taxon of plant—each species of plant in the taxon; or\nif the authority states a class of wildlife—each species of plant in the class of wildlife; or\nif the authority states the name of a harvest period notice—each species of plant to which the notice applies.\nIf it is not practicable to state multiple species on the plant authority, or use an approach mentioned in subsection (2) , the authority may state the species of plant to which the authority applies by describing the species—\nby using plain English; and\nin a way that reasonably identifies all of the species.\nIn this section—\nharvest period notice includes a notice declaring a harvest period under a conservation plan.\n(sec.112-ssec.1) This section applies for stating a species of plant on a plant authority under section 111 (1) (f) .\n(sec.112-ssec.2) The plant authority is taken to state— if the authority states a taxon of plant—each species of plant in the taxon; or if the authority states a class of wildlife—each species of plant in the class of wildlife; or if the authority states the name of a harvest period notice—each species of plant to which the notice applies.\n(sec.112-ssec.3) If it is not practicable to state multiple species on the plant authority, or use an approach mentioned in subsection (2) , the authority may state the species of plant to which the authority applies by describing the species— by using plain English; and in a way that reasonably identifies all of the species.\n(sec.112-ssec.4) In this section— harvest period notice includes a notice declaring a harvest period under a conservation plan.\n- (a) if the authority states a taxon of plant—each species of plant in the taxon; or\n- (b) if the authority states a class of wildlife—each species of plant in the class of wildlife; or\n- (c) if the authority states the name of a harvest period notice—each species of plant to which the notice applies.\n- (a) by using plain English; and\n- (b) in a way that reasonably identifies all of the species.","sortOrder":161},{"sectionNumber":"sec.113","sectionType":"section","heading":"Plant authority may be limited to whole plants or parts of plants","content":"### sec.113 Plant authority may be limited to whole plants or parts of plants\n\nA plant authority may state it applies to—\na whole protected plant of a species stated on the authority; or\na part of a protected plant of a species stated on the authority.\n- (a) a whole protected plant of a species stated on the authority; or\n- (b) a part of a protected plant of a species stated on the authority.","sortOrder":162},{"sectionNumber":"sec.114","sectionType":"section","heading":"Meaning of number in plant authority","content":"### sec.114 Meaning of number in plant authority\n\nThis section applies if a plant authority—\nhas a number (the stated number ) written opposite a species of plant to which the authority applies; and\ndoes not state what the stated number indicates.\nThe plant authority applies, for the duration of the authority, to no more than the stated number of plants of the species of plant.\nA protected plant harvesting licence has ‘ xanthorrhoea johnsonii —250’ written on it without any explanation about the meaning of the number. The licence is for taking no more than 250 xanthorrhoea johnsonii for the whole duration of the licence.\n(sec.114-ssec.1) This section applies if a plant authority— has a number (the stated number ) written opposite a species of plant to which the authority applies; and does not state what the stated number indicates.\n(sec.114-ssec.2) The plant authority applies, for the duration of the authority, to no more than the stated number of plants of the species of plant. A protected plant harvesting licence has ‘ xanthorrhoea johnsonii —250’ written on it without any explanation about the meaning of the number. The licence is for taking no more than 250 xanthorrhoea johnsonii for the whole duration of the licence.\n- (a) has a number (the stated number ) written opposite a species of plant to which the authority applies; and\n- (b) does not state what the stated number indicates.","sortOrder":163},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Term of authorities","content":"# Term of authorities","sortOrder":164},{"sectionNumber":"sec.115","sectionType":"section","heading":"Term of plant authority","content":"### sec.115 Term of plant authority\n\nA plant authority is granted for the term stated in it.\nThe term must not be more than—\nif a conservation plan states a maximum term for the plant authority—the stated term; or\notherwise—\nfor a protected plant licence—5 years; or\nfor a protected plant clearing permit—2 years; or\nfor an Aboriginal tradition authority or Ailan Kastom authority—1 year.\nSubject to part 5 , the plant authority ends at the end of the term.\ns 115 amd 2024 SL No. 196 s 63 sch 1\n(sec.115-ssec.1) A plant authority is granted for the term stated in it.\n(sec.115-ssec.2) The term must not be more than— if a conservation plan states a maximum term for the plant authority—the stated term; or otherwise— for a protected plant licence—5 years; or for a protected plant clearing permit—2 years; or for an Aboriginal tradition authority or Ailan Kastom authority—1 year.\n(sec.115-ssec.3) Subject to part 5 , the plant authority ends at the end of the term.\n- (a) if a conservation plan states a maximum term for the plant authority—the stated term; or\n- (b) otherwise— (i) for a protected plant licence—5 years; or (ii) for a protected plant clearing permit—2 years; or (iii) for an Aboriginal tradition authority or Ailan Kastom authority—1 year.\n- (i) for a protected plant licence—5 years; or\n- (ii) for a protected plant clearing permit—2 years; or\n- (iii) for an Aboriginal tradition authority or Ailan Kastom authority—1 year.\n- (i) for a protected plant licence—5 years; or\n- (ii) for a protected plant clearing permit—2 years; or\n- (iii) for an Aboriginal tradition authority or Ailan Kastom authority—1 year.","sortOrder":165},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Amendment, suspension or cancellation of authorities","content":"# Amendment, suspension or cancellation of authorities","sortOrder":166},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Minor amendments","content":"## Minor amendments","sortOrder":167},{"sectionNumber":"sec.116","sectionType":"section","heading":"Minor amendments by chief executive","content":"### sec.116 Minor amendments by chief executive\n\nThis section applies if—\nthe chief executive believes a plant authority should be amended; and\nthe proposed amendment is a minor amendment.\nThe chief executive may amend the plant authority by giving the holder of the authority notice of the amendment.\nThe notice must state the reasons for the amendment.\nThe amendment takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the plant authority.\nSee, however, section 125 .\nIn this section—\nminor amendment , of a plant authority, means an amendment that—\nremoves a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or\ncorrects an error; or\nmakes another minor change that is not substantial and does not adversely affect the interests of the holder.\n(sec.116-ssec.1) This section applies if— the chief executive believes a plant authority should be amended; and the proposed amendment is a minor amendment.\n(sec.116-ssec.2) The chief executive may amend the plant authority by giving the holder of the authority notice of the amendment.\n(sec.116-ssec.3) The notice must state the reasons for the amendment.\n(sec.116-ssec.4) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice.\n(sec.116-ssec.5) The effect of the amendment does not depend on the amendment being noted on the plant authority. See, however, section 125 .\n(sec.116-ssec.6) In this section— minor amendment , of a plant authority, means an amendment that— removes a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or corrects an error; or makes another minor change that is not substantial and does not adversely affect the interests of the holder.\n- (a) the chief executive believes a plant authority should be amended; and\n- (b) the proposed amendment is a minor amendment.\n- (a) the day the notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) removes a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or\n- (b) corrects an error; or\n- (c) makes another minor change that is not substantial and does not adversely affect the interests of the holder.","sortOrder":168},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Amendments by application","content":"## Amendments by application","sortOrder":169},{"sectionNumber":"sec.117","sectionType":"section","heading":"Applications for amendment","content":"### sec.117 Applications for amendment\n\nThe holder of a plant authority may apply to the chief executive for an amendment of the authority.\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\ns 117 amd 2025 SL No. 125 s 43\n(sec.117-ssec.1) The holder of a plant authority may apply to the chief executive for an amendment of the authority.\n(sec.117-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":170},{"sectionNumber":"sec.118","sectionType":"section","heading":"Considering and deciding application","content":"### sec.118 Considering and deciding application\n\nThe chief executive must consider an application for the amendment of a plant authority and decide—\nto make the amendment; or\nto make an amendment, other than the amendment applied for; or\nto refuse the application.\nThe chief executive must decide the application within 40 business days after receiving the application.\nIf the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.\ns 118 amd 2025 SL No. 125 s 44\n(sec.118-ssec.1) The chief executive must consider an application for the amendment of a plant authority and decide— to make the amendment; or to make an amendment, other than the amendment applied for; or to refuse the application.\n(sec.118-ssec.2) The chief executive must decide the application within 40 business days after receiving the application.\n(sec.118-ssec.3) If the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.\n- (a) to make the amendment; or\n- (b) to make an amendment, other than the amendment applied for; or\n- (c) to refuse the application.","sortOrder":171},{"sectionNumber":"sec.119","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.119 Steps to be taken after application decided\n\nIf the chief executive decides to amend a plant authority under this division, the chief executive must, as soon as practicable after making the decision, give the holder—\nif the amendment is the amendment the holder applied for—notice of the amendment; or\nif the amendment is not the amendment the holder applied for—an information notice for the decision.\nThe amendment takes effect on the later of the following days—\nthe day the notice or information notice is given to the holder;\nthe day of effect stated in the notice or information notice.\nThe effect of the amendment does not depend on the amendment being noted on the plant authority.\nSee, however, section 125 .\nIf the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the holder an information notice for the decision.\nA document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.\ns 119 amd 2025 SL No. 125 s 45\n(sec.119-ssec.1) If the chief executive decides to amend a plant authority under this division, the chief executive must, as soon as practicable after making the decision, give the holder— if the amendment is the amendment the holder applied for—notice of the amendment; or if the amendment is not the amendment the holder applied for—an information notice for the decision.\n(sec.119-ssec.2) The amendment takes effect on the later of the following days— the day the notice or information notice is given to the holder; the day of effect stated in the notice or information notice.\n(sec.119-ssec.3) The effect of the amendment does not depend on the amendment being noted on the plant authority. See, however, section 125 .\n(sec.119-ssec.4) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the holder an information notice for the decision.\n(sec.119-ssec.5) A document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.\n- (a) if the amendment is the amendment the holder applied for—notice of the amendment; or\n- (b) if the amendment is not the amendment the holder applied for—an information notice for the decision.\n- (a) the day the notice or information notice is given to the holder;\n- (b) the day of effect stated in the notice or information notice.","sortOrder":172},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Non-immediate amendments by chief executive","content":"## Non-immediate amendments by chief executive","sortOrder":173},{"sectionNumber":"sec.120","sectionType":"section","heading":"Grounds for amendment","content":"### sec.120 Grounds for amendment\n\nThe chief executive may, by complying with section 121 , amend a plant authority if—\nthe chief executive believes—\nthe authority was obtained because of false or misleading information; or\nthe holder of the authority has failed to comply with a condition of the authority; or\nthe holder is not, or is no longer, a suitable person to hold the authority; or\nSee also part 2 , division 2 .\nthe amendment is necessary having regard to the object of the Act ; or\nthe holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\nthe holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\nthe chief executive believes the authority should be amended to—\nsecure the safety of a person or a person’s property; or\nconserve or protect native wildlife.\n- (a) the chief executive believes— (i) the authority was obtained because of false or misleading information; or (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 . (iv) the amendment is necessary having regard to the object of the Act ; or\n- (i) the authority was obtained because of false or misleading information; or\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 .\n- (iv) the amendment is necessary having regard to the object of the Act ; or\n- (b) the holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\n- (c) the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\n- (d) the chief executive believes the authority should be amended to— (i) secure the safety of a person or a person’s property; or (ii) conserve or protect native wildlife.\n- (i) secure the safety of a person or a person’s property; or\n- (ii) conserve or protect native wildlife.\n- (i) the authority was obtained because of false or misleading information; or\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 .\n- (iv) the amendment is necessary having regard to the object of the Act ; or\n- (i) secure the safety of a person or a person’s property; or\n- (ii) conserve or protect native wildlife.","sortOrder":174},{"sectionNumber":"sec.121","sectionType":"section","heading":"Procedure for amendment","content":"### sec.121 Procedure for amendment\n\nIf the chief executive proposes to amend a plant authority under section 120 , the chief executive must give the holder of the authority a notice stating the following—\nthe proposed amendment;\nthe ground for the proposed amendment under section 120 ;\nan outline of the facts and circumstances forming the basis for the ground;\nthat the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\nThe chief executive may amend the plant authority if, after considering any written representations made within the stated period, the chief executive still believes the amendment should be made—\nin the way stated in the notice; or\nin another way, having regard to the representations.\nIf the chief executive decides to amend the plant authority, the chief executive must give the holder an information notice for the decision.\nThe amendment takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the plant authority.\nSee, however, section 125 .\nIf the chief executive decides not to amend the plant authority, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision.\n(sec.121-ssec.1) If the chief executive proposes to amend a plant authority under section 120 , the chief executive must give the holder of the authority a notice stating the following— the proposed amendment; the ground for the proposed amendment under section 120 ; an outline of the facts and circumstances forming the basis for the ground; that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n(sec.121-ssec.2) The chief executive may amend the plant authority if, after considering any written representations made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the representations.\n(sec.121-ssec.3) If the chief executive decides to amend the plant authority, the chief executive must give the holder an information notice for the decision.\n(sec.121-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the notice.\n(sec.121-ssec.5) The effect of the amendment does not depend on the amendment being noted on the plant authority. See, however, section 125 .\n(sec.121-ssec.6) If the chief executive decides not to amend the plant authority, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision.\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment under section 120 ;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the representations.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the notice.","sortOrder":175},{"sectionNumber":"ch.5-pt.5-div.4","sectionType":"division","heading":"Immediate amendment or suspension by chief executive","content":"## Immediate amendment or suspension by chief executive","sortOrder":176},{"sectionNumber":"sec.122","sectionType":"section","heading":"Safety and conservation grounds","content":"### sec.122 Safety and conservation grounds\n\nThis section applies if the chief executive believes a plant authority should be amended or suspended—\nto secure the safety of a person or a person’s property; or\nto conserve or protect native wildlife.\nThe chief executive may decide to amend or suspend the plant authority.\nIf the chief executive decides to amend or suspend the plant authority, the chief executive must give the holder of the authority an information notice for the decision.\nThe amendment or suspension takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the notice.\nIf the chief executive decides to suspend the plant authority—\nthe information notice must state the suspension period; and\nthe suspension has effect until the end of the suspension period.\nHowever, if the chief executive decides to suspend the plant authority for the immediate protection of life or property—\nsubsections (3) to (5) do not apply; and\nthe chief executive must advise the holder about the decision; and\nthe suspension—\ntakes effect immediately after the holder is advised of the suspension; and\ncontinues until the chief executive decides the reason for the suspension no longer exists; and\nthe chief executive must as soon as practicable after the suspension ends—\nadvise the holder that the suspension no longer applies; or\npublish a notice on the department’s website advising that the suspension no longer applies.\nThe effect of an amendment of a plant authority under this section does not depend on the amendment being noted on the plant authority.\nSee, however, section 125 .\n(sec.122-ssec.1) This section applies if the chief executive believes a plant authority should be amended or suspended— to secure the safety of a person or a person’s property; or to conserve or protect native wildlife.\n(sec.122-ssec.2) The chief executive may decide to amend or suspend the plant authority.\n(sec.122-ssec.3) If the chief executive decides to amend or suspend the plant authority, the chief executive must give the holder of the authority an information notice for the decision.\n(sec.122-ssec.4) The amendment or suspension takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the notice.\n(sec.122-ssec.5) If the chief executive decides to suspend the plant authority— the information notice must state the suspension period; and the suspension has effect until the end of the suspension period.\n(sec.122-ssec.6) However, if the chief executive decides to suspend the plant authority for the immediate protection of life or property— subsections (3) to (5) do not apply; and the chief executive must advise the holder about the decision; and the suspension— takes effect immediately after the holder is advised of the suspension; and continues until the chief executive decides the reason for the suspension no longer exists; and the chief executive must as soon as practicable after the suspension ends— advise the holder that the suspension no longer applies; or publish a notice on the department’s website advising that the suspension no longer applies.\n(sec.122-ssec.7) The effect of an amendment of a plant authority under this section does not depend on the amendment being noted on the plant authority. See, however, section 125 .\n- (a) to secure the safety of a person or a person’s property; or\n- (b) to conserve or protect native wildlife.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) the information notice must state the suspension period; and\n- (b) the suspension has effect until the end of the suspension period.\n- (a) subsections (3) to (5) do not apply; and\n- (b) the chief executive must advise the holder about the decision; and\n- (c) the suspension— (i) takes effect immediately after the holder is advised of the suspension; and (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (i) takes effect immediately after the holder is advised of the suspension; and\n- (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (d) the chief executive must as soon as practicable after the suspension ends— (i) advise the holder that the suspension no longer applies; or (ii) publish a notice on the department’s website advising that the suspension no longer applies.\n- (i) advise the holder that the suspension no longer applies; or\n- (ii) publish a notice on the department’s website advising that the suspension no longer applies.\n- (i) takes effect immediately after the holder is advised of the suspension; and\n- (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (i) advise the holder that the suspension no longer applies; or\n- (ii) publish a notice on the department’s website advising that the suspension no longer applies.","sortOrder":177},{"sectionNumber":"ch.5-pt.5-div.5","sectionType":"division","heading":"Non-immediate suspension or cancellation by chief executive","content":"## Non-immediate suspension or cancellation by chief executive","sortOrder":178},{"sectionNumber":"sec.123","sectionType":"section","heading":"Grounds","content":"### sec.123 Grounds\n\nThe chief executive may, by complying with section 124 , suspend or cancel a plant authority if—\nthere is a ground, under section 122 , for immediately amending or suspending the authority; or\nthe chief executive believes—\nthe authority was obtained because of false or misleading information; or\nthe holder of the authority has failed to comply with a condition of the authority; or\nthe holder is not, or is no longer, a suitable person to hold the authority; or\nSee also part 2 , division 2 .\nthe holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\nthe holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\nthe chief executive believes the activities being carried out under the authority are threatening public health or safety.\n- (a) there is a ground, under section 122 , for immediately amending or suspending the authority; or\n- (b) the chief executive believes— (i) the authority was obtained because of false or misleading information; or (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 .\n- (i) the authority was obtained because of false or misleading information; or\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 .\n- (c) the holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\n- (d) the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\n- (e) the chief executive believes the activities being carried out under the authority are threatening public health or safety.\n- (i) the authority was obtained because of false or misleading information; or\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2 , division 2 .","sortOrder":179},{"sectionNumber":"sec.124","sectionType":"section","heading":"Procedure","content":"### sec.124 Procedure\n\nIf the chief executive proposes to suspend or cancel a plant authority (the proposed action ) under section 123 , the chief executive must give the holder of the authority a notice stating the following—\nthe proposed action;\nthe ground for the proposed action under section 123 ;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to suspend the authority—the proposed suspension period;\nthat the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\nIf, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the plant authority—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period.\nIf the chief executive decides to suspend or cancel the plant authority, the chief executive must give the holder an information notice for the decision.\nThe suspension or cancellation of the plant authority takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the notice.\nIf the chief executive decides to suspend the plant authority, the suspension continues until the end of the suspension period.\nIf the chief executive decides not to take the proposed action, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision.\nDespite subsection (4) , if a plant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect.\nDespite subsections (4) and (5) , if a plant authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n(sec.124-ssec.1) If the chief executive proposes to suspend or cancel a plant authority (the proposed action ) under section 123 , the chief executive must give the holder of the authority a notice stating the following— the proposed action; the ground for the proposed action under section 123 ; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the authority—the proposed suspension period; that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n(sec.124-ssec.2) If, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the plant authority—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period.\n(sec.124-ssec.3) If the chief executive decides to suspend or cancel the plant authority, the chief executive must give the holder an information notice for the decision.\n(sec.124-ssec.4) The suspension or cancellation of the plant authority takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the notice.\n(sec.124-ssec.5) If the chief executive decides to suspend the plant authority, the suspension continues until the end of the suspension period.\n(sec.124-ssec.6) If the chief executive decides not to take the proposed action, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision.\n(sec.124-ssec.7) Despite subsection (4) , if a plant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect.\n(sec.124-ssec.8) Despite subsections (4) and (5) , if a plant authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n- (a) the proposed action;\n- (b) the ground for the proposed action under section 123 ;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to suspend the authority—the proposed suspension period;\n- (e) that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the plant authority—to suspend it for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the notice.","sortOrder":180},{"sectionNumber":"ch.5-pt.5-div.6","sectionType":"division","heading":"Return of authorities","content":"## Return of authorities","sortOrder":181},{"sectionNumber":"sec.125","sectionType":"section","heading":"After amendment","content":"### sec.125 After amendment\n\nThe chief executive may, by notice, ask the holder of a plant authority that has been amended under this part to return the authority to the chief executive by a day stated in the notice.\nThe day stated in the notice must be at least 10 business days after the day the holder receives the notice.\nThe holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe chief executive must, as soon as practicable after receiving the plant authority—\nnote the amendment on the authority; and\ngive the authority back to the holder.\n(sec.125-ssec.1) The chief executive may, by notice, ask the holder of a plant authority that has been amended under this part to return the authority to the chief executive by a day stated in the notice.\n(sec.125-ssec.2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice.\n(sec.125-ssec.3) The holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.125-ssec.4) The chief executive must, as soon as practicable after receiving the plant authority— note the amendment on the authority; and give the authority back to the holder.\n- (a) note the amendment on the authority; and\n- (b) give the authority back to the holder.","sortOrder":182},{"sectionNumber":"sec.126","sectionType":"section","heading":"After suspension","content":"### sec.126 After suspension\n\nThe chief executive may, by notice, ask the holder of a plant authority that has been suspended under this part to return the authority to the chief executive by a day stated in the notice.\nThe day stated in the notice must be at least 10 business days after the day the holder receives the notice.\nThe holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe chief executive must give the plant authority back to the holder on or before the day the suspension ends.\n(sec.126-ssec.1) The chief executive may, by notice, ask the holder of a plant authority that has been suspended under this part to return the authority to the chief executive by a day stated in the notice.\n(sec.126-ssec.2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice.\n(sec.126-ssec.3) The holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.126-ssec.4) The chief executive must give the plant authority back to the holder on or before the day the suspension ends.","sortOrder":183},{"sectionNumber":"sec.127","sectionType":"section","heading":"After cancellation","content":"### sec.127 After cancellation\n\nThe holder of a plant authority that has been cancelled under this part must return the authority to the chief executive within 10 business days after the cancellation takes effect unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":184},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Replacement and surrender of authorities","content":"# Replacement and surrender of authorities","sortOrder":185},{"sectionNumber":"sec.128","sectionType":"section","heading":"Replacement","content":"### sec.128 Replacement\n\nThis section applies if a plant authority is damaged, destroyed, lost or stolen.\nThe holder of the plant authority may apply to the chief executive for the replacement of the authority.\nThe application must be—\nmade using the authority management system or otherwise made in writing; and\naccompanied by the prescribed fee for the application.\nThe chief executive must grant the application if the chief executive is satisfied the plant authority has been—\ndamaged in a way that requires the replacement of the authority; or\ndestroyed, lost or stolen.\nIf the chief executive decides to grant the application, the chief executive must give the holder another plant authority to replace the damaged, destroyed, lost or stolen plant authority.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\nA document mentioned in subsection (5) or (6) may be given to the applicant using the authority management system or in another way.\ns 128 amd 2025 SL No. 125 s 46\n(sec.128-ssec.1) This section applies if a plant authority is damaged, destroyed, lost or stolen.\n(sec.128-ssec.2) The holder of the plant authority may apply to the chief executive for the replacement of the authority.\n(sec.128-ssec.3) The application must be— made using the authority management system or otherwise made in writing; and accompanied by the prescribed fee for the application.\n(sec.128-ssec.4) The chief executive must grant the application if the chief executive is satisfied the plant authority has been— damaged in a way that requires the replacement of the authority; or destroyed, lost or stolen.\n(sec.128-ssec.5) If the chief executive decides to grant the application, the chief executive must give the holder another plant authority to replace the damaged, destroyed, lost or stolen plant authority.\n(sec.128-ssec.6) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\n(sec.128-ssec.7) A document mentioned in subsection (5) or (6) may be given to the applicant using the authority management system or in another way.\n- (a) made using the authority management system or otherwise made in writing; and\n- (b) accompanied by the prescribed fee for the application.\n- (a) damaged in a way that requires the replacement of the authority; or\n- (b) destroyed, lost or stolen.","sortOrder":186},{"sectionNumber":"sec.129","sectionType":"section","heading":"Surrender","content":"### sec.129 Surrender\n\nThe holder of a plant authority may surrender the authority by giving a notice of surrender to the chief executive.\nThe notice of surrender must—\nbe given using the authority management system; or\notherwise be in writing.\nA plant authority surrendered under subsection (1) stops having effect from—\nthe day for surrender stated in the notice; or\nif paragraph (a) does not apply—the day the notice is received by the chief executive.\ns 129 amd 2025 SL No. 125 s 47\n(sec.129-ssec.1) The holder of a plant authority may surrender the authority by giving a notice of surrender to the chief executive.\n(sec.129-ssec.2) The notice of surrender must— be given using the authority management system; or otherwise be in writing.\n(sec.129-ssec.3) A plant authority surrendered under subsection (1) stops having effect from— the day for surrender stated in the notice; or if paragraph (a) does not apply—the day the notice is received by the chief executive.\n- (a) be given using the authority management system; or\n- (b) otherwise be in writing.\n- (a) the day for surrender stated in the notice; or\n- (b) if paragraph (a) does not apply—the day the notice is received by the chief executive.","sortOrder":187},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Harvest periods","content":"# Harvest periods","sortOrder":188},{"sectionNumber":"sec.130","sectionType":"section","heading":"Declaration of harvest period","content":"### sec.130 Declaration of harvest period\n\nThe chief executive may, by notice (a harvest period notice ), declare a harvest period for a protected plant if the chief executive considers it necessary for the conservation of nature.\nThe harvest period notice may impose conditions on the taking of the protected plant during the harvest period, including, for example—\nthe maximum number of protected plants that may be taken; and\nthe way in which a whole protected plant or a part of the plant may be taken; and\nlocalities from which the plant must not be taken; and\nhow the plant, if taken, may be used.\nThe chief executive must publish the harvest period notice on the department’s website.\n(sec.130-ssec.1) The chief executive may, by notice (a harvest period notice ), declare a harvest period for a protected plant if the chief executive considers it necessary for the conservation of nature.\n(sec.130-ssec.2) The harvest period notice may impose conditions on the taking of the protected plant during the harvest period, including, for example— the maximum number of protected plants that may be taken; and the way in which a whole protected plant or a part of the plant may be taken; and localities from which the plant must not be taken; and how the plant, if taken, may be used.\n(sec.130-ssec.3) The chief executive must publish the harvest period notice on the department’s website.\n- (a) the maximum number of protected plants that may be taken; and\n- (b) the way in which a whole protected plant or a part of the plant may be taken; and\n- (c) localities from which the plant must not be taken; and\n- (d) how the plant, if taken, may be used.","sortOrder":189},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Flora surveys","content":"# Flora surveys","sortOrder":190},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":191},{"sectionNumber":"sec.131","sectionType":"section","heading":"Purpose of part","content":"### sec.131 Purpose of part\n\nThis part provides for matters relating to the flora survey trigger map, flora surveys and flora survey reports.","sortOrder":192},{"sectionNumber":"sec.132","sectionType":"section","heading":"Meaning of high risk area","content":"### sec.132 Meaning of high risk area\n\nA high risk area is an area—\nin which threatened plants or near threatened plants are present or are likely to be present; and\nshown as a high risk area on the flora survey trigger map.\n- (a) in which threatened plants or near threatened plants are present or are likely to be present; and\n- (b) shown as a high risk area on the flora survey trigger map.","sortOrder":193},{"sectionNumber":"sec.133","sectionType":"section","heading":"Meaning of clearing impact area","content":"### sec.133 Meaning of clearing impact area\n\nA clearing impact area is—\nan area to be cleared to the extent it is within a high risk area; and\nthe buffer zone for the area to be cleared.\nThe buffer zone , for an area to be cleared, is—\nan area of 100m in width around the boundary of the area; or\nanother area agreed by the chief executive under section 134 to be a buffer zone for the area.\n(sec.133-ssec.1) A clearing impact area is— an area to be cleared to the extent it is within a high risk area; and the buffer zone for the area to be cleared.\n(sec.133-ssec.2) The buffer zone , for an area to be cleared, is— an area of 100m in width around the boundary of the area; or another area agreed by the chief executive under section 134 to be a buffer zone for the area.\n- (a) an area to be cleared to the extent it is within a high risk area; and\n- (b) the buffer zone for the area to be cleared.\n- (a) an area of 100m in width around the boundary of the area; or\n- (b) another area agreed by the chief executive under section 134 to be a buffer zone for the area.","sortOrder":194},{"sectionNumber":"sec.134","sectionType":"section","heading":"Agreed buffer zone for area to be cleared","content":"### sec.134 Agreed buffer zone for area to be cleared\n\nA person may ask the chief executive, in the approved form, to agree to reduce the area of the usual buffer zone for an area to be cleared.\nThe chief executive may agree to the request if the chief executive is satisfied—\nit is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or\nThe applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone.\nthe request to reduce the area is consistent with any requirements of the flora survey guidelines.\nAs soon as practicable after making a decision on the request, the chief executive must give the person notice of the decision.\nIn this section—\nusual buffer zone , for an area to be cleared, means the area mentioned in section 133 (2) (a) .\n(sec.134-ssec.1) A person may ask the chief executive, in the approved form, to agree to reduce the area of the usual buffer zone for an area to be cleared.\n(sec.134-ssec.2) The chief executive may agree to the request if the chief executive is satisfied— it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone. the request to reduce the area is consistent with any requirements of the flora survey guidelines.\n(sec.134-ssec.3) As soon as practicable after making a decision on the request, the chief executive must give the person notice of the decision.\n(sec.134-ssec.4) In this section— usual buffer zone , for an area to be cleared, means the area mentioned in section 133 (2) (a) .\n- (a) it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or Example— The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone.\n- (b) the request to reduce the area is consistent with any requirements of the flora survey guidelines.","sortOrder":195},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Flora survey trigger map","content":"## Flora survey trigger map","sortOrder":196},{"sectionNumber":"sec.135","sectionType":"section","heading":"What is the flora survey trigger map","content":"### sec.135 What is the flora survey trigger map\n\nThe flora survey trigger map is the map called ‘Flora Survey Trigger Map for Clearing Protected Plants in Queensland’ held by the department, as amended from time to time under section 136 .\nThe flora survey trigger map includes any digital electronic spatial information that is used to produce the map.\n(sec.135-ssec.1) The flora survey trigger map is the map called ‘Flora Survey Trigger Map for Clearing Protected Plants in Queensland’ held by the department, as amended from time to time under section 136 .\n(sec.135-ssec.2) The flora survey trigger map includes any digital electronic spatial information that is used to produce the map.","sortOrder":197},{"sectionNumber":"sec.136","sectionType":"section","heading":"Reviewing and amending map","content":"### sec.136 Reviewing and amending map\n\nThe chief executive must review and, if necessary, amend the flora survey trigger map at least every 12 months, including, for example, by adding or removing a high risk area.\nHowever, subsection (1) does not stop the chief executive from reviewing or amending the map at any time.\n(sec.136-ssec.1) The chief executive must review and, if necessary, amend the flora survey trigger map at least every 12 months, including, for example, by adding or removing a high risk area.\n(sec.136-ssec.2) However, subsection (1) does not stop the chief executive from reviewing or amending the map at any time.","sortOrder":198},{"sectionNumber":"sec.137","sectionType":"section","heading":"Public availability of map","content":"### sec.137 Public availability of map\n\nThe chief executive must make the current version of the flora survey trigger map publicly available for inspection in the way the chief executive considers appropriate, including, for example, on a website.","sortOrder":199},{"sectionNumber":"sec.138","sectionType":"section","heading":"Period of validity of copy of map","content":"### sec.138 Period of validity of copy of map\n\nIf the chief executive gives a person a copy of the flora survey trigger map, the copy of the map is valid for 12 months from the day the chief executive gives the person the copy.\nIf a person obtains a copy of the flora survey trigger map from a website on which the map is published, the copy of the map is valid for 12 months from the day the person obtains the copy from the website.\nHowever, if a person obtains or receives a copy of the flora survey trigger map for an exemption under section 46 , the copy of the map is valid for 5 years from the relevant TOR date under that section.\n(sec.138-ssec.1) If the chief executive gives a person a copy of the flora survey trigger map, the copy of the map is valid for 12 months from the day the chief executive gives the person the copy.\n(sec.138-ssec.2) If a person obtains a copy of the flora survey trigger map from a website on which the map is published, the copy of the map is valid for 12 months from the day the person obtains the copy from the website.\n(sec.138-ssec.3) However, if a person obtains or receives a copy of the flora survey trigger map for an exemption under section 46 , the copy of the map is valid for 5 years from the relevant TOR date under that section.","sortOrder":200},{"sectionNumber":"sec.139","sectionType":"section","heading":"Checking map","content":"### sec.139 Checking map\n\nA person may check the flora survey trigger map before starting any clearing to find out if any part of the area to be cleared is within a high risk area.\nSee sections 46 and 47 which deal with clearing in an area that is not within a high risk area.","sortOrder":201},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Flora surveys and flora survey reports","content":"## Flora surveys and flora survey reports","sortOrder":202},{"sectionNumber":"sec.140","sectionType":"section","heading":"What is a flora survey and flora survey report","content":"### sec.140 What is a flora survey and flora survey report\n\nA flora survey is a survey of a clearing impact area—\nundertaken to identify whether threatened plants or near threatened plants are present within the clearing impact area; and\nthat complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .\nA flora survey report is a report—\nabout the results of a flora survey for a clearing impact area; and\nthat complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .\n(sec.140-ssec.1) A flora survey is a survey of a clearing impact area— undertaken to identify whether threatened plants or near threatened plants are present within the clearing impact area; and that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .\n(sec.140-ssec.2) A flora survey report is a report— about the results of a flora survey for a clearing impact area; and that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .\n- (a) undertaken to identify whether threatened plants or near threatened plants are present within the clearing impact area; and\n- (b) that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .\n- (a) about the results of a flora survey for a clearing impact area; and\n- (b) that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143 .","sortOrder":203},{"sectionNumber":"sec.141","sectionType":"section","heading":"When flora survey is required","content":"### sec.141 When flora survey is required\n\nIf any part of an area to be cleared is within a high risk area, a flora survey must be undertaken of the clearing impact area before the clearing starts.\nUnder section 48 , a person is required to prepare a flora survey report about the results of a flora survey to be a person to whom an exemption applies under that section.\nUnder section 87 , the chief executive must not grant a protected plant clearing permit for clearing within a clearing impact area unless the applicant has given the chief executive a flora survey report about the results of a flora survey for the clearing impact area.\n- 1 Under section 48 , a person is required to prepare a flora survey report about the results of a flora survey to be a person to whom an exemption applies under that section.\n- 2 Under section 87 , the chief executive must not grant a protected plant clearing permit for clearing within a clearing impact area unless the applicant has given the chief executive a flora survey report about the results of a flora survey for the clearing impact area.","sortOrder":204},{"sectionNumber":"sec.142","sectionType":"section","heading":"Chief executive may make flora survey guidelines","content":"### sec.142 Chief executive may make flora survey guidelines\n\nThe chief executive may, by gazette notice, approve or make guidelines (the flora survey guidelines ) about the conduct of a flora survey.\nThe flora survey guidelines may, for example, contain requirements or provisions about the following—\nwho may undertake a flora survey;\nthe extent of an area to be surveyed;\ninformation to be included in a flora survey report, including, for example, a map or plan showing the clearing impact area.\nThe chief executive must publish the flora survey guidelines on the department’s website.\n(sec.142-ssec.1) The chief executive may, by gazette notice, approve or make guidelines (the flora survey guidelines ) about the conduct of a flora survey.\n(sec.142-ssec.2) The flora survey guidelines may, for example, contain requirements or provisions about the following— who may undertake a flora survey; the extent of an area to be surveyed; information to be included in a flora survey report, including, for example, a map or plan showing the clearing impact area.\n(sec.142-ssec.3) The chief executive must publish the flora survey guidelines on the department’s website.\n- (a) who may undertake a flora survey;\n- (b) the extent of an area to be surveyed;\n- (c) information to be included in a flora survey report, including, for example, a map or plan showing the clearing impact area.","sortOrder":205},{"sectionNumber":"sec.143","sectionType":"section","heading":"Alternative survey methodology for flora survey or flora survey report","content":"### sec.143 Alternative survey methodology for flora survey or flora survey report\n\nThe chief executive may agree to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report.\nHowever, the chief executive may agree to an alternative survey methodology only if the chief executive is satisfied the methodology is suitable for identifying whether threatened plants or near threatened plants are present within a clearing impact area.\nAn alternative survey methodology could include an alternative methodology for identifying protected plants and assessing the impacts of particular activities.\n(sec.143-ssec.1) The chief executive may agree to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report.\n(sec.143-ssec.2) However, the chief executive may agree to an alternative survey methodology only if the chief executive is satisfied the methodology is suitable for identifying whether threatened plants or near threatened plants are present within a clearing impact area. An alternative survey methodology could include an alternative methodology for identifying protected plants and assessing the impacts of particular activities.","sortOrder":206},{"sectionNumber":"sec.144","sectionType":"section","heading":"False or misleading information in flora survey report","content":"### sec.144 False or misleading information in flora survey report\n\nA person must not state anything in a flora survey report that the person knows is false or misleading in a material particular.\nMaximum penalty—165 penalty units.","sortOrder":207},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Plant authorities","content":"# Plant authorities","sortOrder":208},{"sectionNumber":"sec.145","sectionType":"section","heading":"Compliance with conditions of plant authority","content":"### sec.145 Compliance with conditions of plant authority\n\nThe holder of a plant authority must comply with the conditions of the authority applying to the holder unless the holder has a reasonable excuse.\nMaximum penalty—\nfor failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or\nfor failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65 , 66 or 84 —165 penalty units; or\notherwise—80 penalty units.\nFor subsection (1) , the holder is taken to comply with a condition of the plant authority if a relevant person for the holder complies with the condition for the holder.\nA relevant person for the holder of a plant authority must comply with the conditions of the authority applying to the person unless the person has a reasonable excuse.\nMaximum penalty—\nfor a failure to comply with a licence condition—165 penalty units; or\notherwise—80 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) or (3) relating to the death of a protected plant from which a part of the plant was taken if the defendant establishes that the defendant complied with the plant authorities code when taking the part of the plant.\nSee sections 73 and 81 for conditions about the death of protected plants.\nIn this section—\nlicence condition means a condition mentioned in section 73 , 74 , 75 , 76 , 81 , 82 or 83 .\n(sec.145-ssec.1) The holder of a plant authority must comply with the conditions of the authority applying to the holder unless the holder has a reasonable excuse. Maximum penalty— for failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or for failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65 , 66 or 84 —165 penalty units; or otherwise—80 penalty units.\n(sec.145-ssec.2) For subsection (1) , the holder is taken to comply with a condition of the plant authority if a relevant person for the holder complies with the condition for the holder.\n(sec.145-ssec.3) A relevant person for the holder of a plant authority must comply with the conditions of the authority applying to the person unless the person has a reasonable excuse. Maximum penalty— for a failure to comply with a licence condition—165 penalty units; or otherwise—80 penalty units.\n(sec.145-ssec.4) It is a defence to a prosecution for an offence against subsection (1) or (3) relating to the death of a protected plant from which a part of the plant was taken if the defendant establishes that the defendant complied with the plant authorities code when taking the part of the plant. See sections 73 and 81 for conditions about the death of protected plants.\n(sec.145-ssec.5) In this section— licence condition means a condition mentioned in section 73 , 74 , 75 , 76 , 81 , 82 or 83 .\n- (a) for failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or\n- (b) for failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65 , 66 or 84 —165 penalty units; or\n- (c) otherwise—80 penalty units.\n- (a) for a failure to comply with a licence condition—165 penalty units; or\n- (b) otherwise—80 penalty units.","sortOrder":209},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Code of practice","content":"# Code of practice","sortOrder":210},{"sectionNumber":"sec.146","sectionType":"section","heading":"Compliance with plant exemptions code","content":"### sec.146 Compliance with plant exemptions code\n\nA person who takes or uses a protected plant under an exemption under chapter 3 , part 2 or 3 must comply with the plant exemptions code in relation to taking or using the plant unless the person has a reasonable excuse.\nMaximum penalty—120 penalty units.","sortOrder":211},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Protected plants","content":"# Protected plants","sortOrder":212},{"sectionNumber":"sec.147","sectionType":"section","heading":"Procedure if particular whole restricted plant stolen","content":"### sec.147 Procedure if particular whole restricted plant stolen\n\nThis section applies if—\na person keeps a whole restricted plant taken lawfully from the wild; and\nthe plant is required to be tagged under this regulation or the plant exemptions code; and\nFor the requirement to tag a plant under this regulation, see section 167 .\nthe plant is stolen from the person.\nThe person must, unless the person has a reasonable excuse—\nimmediately report the theft to a police officer; and\nreport the theft to a departmental conservation officer within 24 hours after the plant is stolen; and\nif the person is given a copy of a police report about the theft—keep the copy for 2 years after the day the person receives the copy.\nMaximum penalty—20 penalty units.\nAlso, if the person keeps a record under the Act for the plant, the person must record the particulars of the theft in the record unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIn this section—\ndepartmental conservation officer means a conservation officer who is an employee of the department.\n(sec.147-ssec.1) This section applies if— a person keeps a whole restricted plant taken lawfully from the wild; and the plant is required to be tagged under this regulation or the plant exemptions code; and For the requirement to tag a plant under this regulation, see section 167 . the plant is stolen from the person.\n(sec.147-ssec.2) The person must, unless the person has a reasonable excuse— immediately report the theft to a police officer; and report the theft to a departmental conservation officer within 24 hours after the plant is stolen; and if the person is given a copy of a police report about the theft—keep the copy for 2 years after the day the person receives the copy. Maximum penalty—20 penalty units.\n(sec.147-ssec.3) Also, if the person keeps a record under the Act for the plant, the person must record the particulars of the theft in the record unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.147-ssec.4) In this section— departmental conservation officer means a conservation officer who is an employee of the department.\n- (a) a person keeps a whole restricted plant taken lawfully from the wild; and\n- (b) the plant is required to be tagged under this regulation or the plant exemptions code; and Note— For the requirement to tag a plant under this regulation, see section 167 .\n- (c) the plant is stolen from the person.\n- (a) immediately report the theft to a police officer; and\n- (b) report the theft to a departmental conservation officer within 24 hours after the plant is stolen; and\n- (c) if the person is given a copy of a police report about the theft—keep the copy for 2 years after the day the person receives the copy.","sortOrder":213},{"sectionNumber":"sec.148","sectionType":"section","heading":"Dealing with part of protected plant taken for identification, educational or scientific purpose","content":"### sec.148 Dealing with part of protected plant taken for identification, educational or scientific purpose\n\nThis section applies if a person takes a part of a protected plant under an exemption under section 39 .\nThe person must, unless the person has a reasonable excuse—\ncomplete a specimen label for the part before leaving the place where the part is taken; and\ngive each part to the Queensland Herbarium within 28 days after taking it.\nMaximum penalty—20 penalty units.\nIn this section—\nspecimen label , for a part of a protected plant, means a sheet of paper or cardboard kept with the part that includes the following information—\nthe name of the person who took the part;\nthe place and date the part was taken;\ninformation required under a condition of a harvest period notice for the plant.\n(sec.148-ssec.1) This section applies if a person takes a part of a protected plant under an exemption under section 39 .\n(sec.148-ssec.2) The person must, unless the person has a reasonable excuse— complete a specimen label for the part before leaving the place where the part is taken; and give each part to the Queensland Herbarium within 28 days after taking it. Maximum penalty—20 penalty units.\n(sec.148-ssec.3) In this section— specimen label , for a part of a protected plant, means a sheet of paper or cardboard kept with the part that includes the following information— the name of the person who took the part; the place and date the part was taken; information required under a condition of a harvest period notice for the plant.\n- (a) complete a specimen label for the part before leaving the place where the part is taken; and\n- (b) give each part to the Queensland Herbarium within 28 days after taking it.\n- (a) the name of the person who took the part;\n- (b) the place and date the part was taken;\n- (c) information required under a condition of a harvest period notice for the plant.","sortOrder":214},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Non-native plants","content":"# Non-native plants","sortOrder":215},{"sectionNumber":"sec.149","sectionType":"section","heading":"Spreading or releasing particular parts of non-native plants","content":"### sec.149 Spreading or releasing particular parts of non-native plants\n\nThis section applies to a plant other than a native plant.\nA person must not, without the chief executive’s approval, spread or release reproductive material of the plant into the wild.\nMaximum penalty—165 penalty units.\nIn this section—\nreproductive material , of a plant, means any part of the plant that is capable of asexual or sexual reproduction.\na seed or part of a seed\na bulb, rhizome, root, stolon, tuber or part of a bulb, rhizome, stolon or tuber\na stem or leaf cutting\n(sec.149-ssec.1) This section applies to a plant other than a native plant.\n(sec.149-ssec.2) A person must not, without the chief executive’s approval, spread or release reproductive material of the plant into the wild. Maximum penalty—165 penalty units.\n(sec.149-ssec.3) In this section— reproductive material , of a plant, means any part of the plant that is capable of asexual or sexual reproduction. a seed or part of a seed a bulb, rhizome, root, stolon, tuber or part of a bulb, rhizome, stolon or tuber a stem or leaf cutting\n- • a seed or part of a seed\n- • a bulb, rhizome, root, stolon, tuber or part of a bulb, rhizome, stolon or tuber\n- • a stem or leaf cutting","sortOrder":216},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Records","content":"# Records","sortOrder":217},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":218},{"sectionNumber":"sec.150","sectionType":"section","heading":"Purpose of part","content":"### sec.150 Purpose of part\n\nThis part requires the holder of a plant authority to keep particular records and provides for the way in which the records are to be kept.\nAlso, this part provides for other offences relating to records required to be kept under the Act .\n(sec.150-ssec.1) This part requires the holder of a plant authority to keep particular records and provides for the way in which the records are to be kept.\n(sec.150-ssec.2) Also, this part provides for other offences relating to records required to be kept under the Act .","sortOrder":219},{"sectionNumber":"sec.151","sectionType":"section","heading":"Approved person may keep records","content":"### sec.151 Approved person may keep records\n\nThis section applies if the chief executive is satisfied a person who is required to keep a record under the Act —\nis illiterate; or\nis otherwise unable to keep the record.\nThe chief executive may give the person a written approval stating another person (an approved person ), stated in the approval, may keep the record for the person.\nHowever, the chief executive must only give the person the written approval if the approved person agrees to keep the record for the person.\n(sec.151-ssec.1) This section applies if the chief executive is satisfied a person who is required to keep a record under the Act — is illiterate; or is otherwise unable to keep the record.\n(sec.151-ssec.2) The chief executive may give the person a written approval stating another person (an approved person ), stated in the approval, may keep the record for the person.\n(sec.151-ssec.3) However, the chief executive must only give the person the written approval if the approved person agrees to keep the record for the person.\n- (a) is illiterate; or\n- (b) is otherwise unable to keep the record.","sortOrder":220},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Records to be kept by holders of plant authorities","content":"## Records to be kept by holders of plant authorities","sortOrder":221},{"sectionNumber":"sec.152","sectionType":"section","heading":"Protected plant harvest record for particular restricted plants","content":"### sec.152 Protected plant harvest record for particular restricted plants\n\nThis section applies if the holder of a protected plant licence, or a relevant person for the holder, harvests a whole restricted plant or part of a restricted plant under the licence.\nThe holder must, unless the holder has a reasonable excuse, keep a record (a protected plant harvest record ) for the whole plant or the part of the plant that includes the following information—\nif a conservation plan states the information that must be included in the record—the stated information;\notherwise—the information the plant authorities code states must be included in the record.\nMaximum penalty—120 penalty units.\n(sec.152-ssec.1) This section applies if the holder of a protected plant licence, or a relevant person for the holder, harvests a whole restricted plant or part of a restricted plant under the licence.\n(sec.152-ssec.2) The holder must, unless the holder has a reasonable excuse, keep a record (a protected plant harvest record ) for the whole plant or the part of the plant that includes the following information— if a conservation plan states the information that must be included in the record—the stated information; otherwise—the information the plant authorities code states must be included in the record. Maximum penalty—120 penalty units.\n- (a) if a conservation plan states the information that must be included in the record—the stated information;\n- (b) otherwise—the information the plant authorities code states must be included in the record.","sortOrder":222},{"sectionNumber":"sec.153","sectionType":"section","heading":"Protected plant trade record for particular restricted plants","content":"### sec.153 Protected plant trade record for particular restricted plants\n\nThis section applies if the holder of a protected plant licence, or a relevant person for the holder—\nharvests a restricted plant under the licence that is to be used for trade; or\nuses a restricted plant for trade under the licence.\nThe holder must, unless the holder has a reasonable excuse, keep a record (a protected plant trade record ) for the plant that includes the following information—\nif a conservation plan states the information that must be included in the record—the stated information;\notherwise—the information the plant authorities code states must be included in the record.\nMaximum penalty—120 penalty units.\n(sec.153-ssec.1) This section applies if the holder of a protected plant licence, or a relevant person for the holder— harvests a restricted plant under the licence that is to be used for trade; or uses a restricted plant for trade under the licence.\n(sec.153-ssec.2) The holder must, unless the holder has a reasonable excuse, keep a record (a protected plant trade record ) for the plant that includes the following information— if a conservation plan states the information that must be included in the record—the stated information; otherwise—the information the plant authorities code states must be included in the record. Maximum penalty—120 penalty units.\n- (a) harvests a restricted plant under the licence that is to be used for trade; or\n- (b) uses a restricted plant for trade under the licence.\n- (a) if a conservation plan states the information that must be included in the record—the stated information;\n- (b) otherwise—the information the plant authorities code states must be included in the record.","sortOrder":223},{"sectionNumber":"sec.154","sectionType":"section","heading":"Record about buying or accepting restricted plant","content":"### sec.154 Record about buying or accepting restricted plant\n\nThis section applies if the holder of a plant authority, or a relevant person for the holder, buys or accepts a restricted plant under the authority.\nThe holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant—\nthe name and address of the person selling or giving away the plant (the seller );\nthe information used to verify the identity of the seller, including the particulars of the type of document produced by the seller and any identifying features of the document;\na licence number\nif the seller is acting under a plant authority—the number of the authority;\nif the seller obtained the plant under an exemption in chapter 3 —details of the exemption identified by the seller.\nMaximum penalty—100 penalty units.\n(sec.154-ssec.1) This section applies if the holder of a plant authority, or a relevant person for the holder, buys or accepts a restricted plant under the authority.\n(sec.154-ssec.2) The holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant— the name and address of the person selling or giving away the plant (the seller ); the information used to verify the identity of the seller, including the particulars of the type of document produced by the seller and any identifying features of the document; a licence number if the seller is acting under a plant authority—the number of the authority; if the seller obtained the plant under an exemption in chapter 3 —details of the exemption identified by the seller. Maximum penalty—100 penalty units.\n- (a) the name and address of the person selling or giving away the plant (the seller );\n- (b) the information used to verify the identity of the seller, including the particulars of the type of document produced by the seller and any identifying features of the document; Example of identifying features of a document— a licence number\n- (c) if the seller is acting under a plant authority—the number of the authority;\n- (d) if the seller obtained the plant under an exemption in chapter 3 —details of the exemption identified by the seller.","sortOrder":224},{"sectionNumber":"sec.155","sectionType":"section","heading":"Record about selling or giving away restricted plant","content":"### sec.155 Record about selling or giving away restricted plant\n\nThis section applies if the holder of a plant authority, or a relevant person for the holder, sells or gives away a restricted plant under the authority.\nThe holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant—\nthe name and address of the person to whom the plant is sold or given (the buyer );\nthe source of the information used to verify the identity of the buyer, including the particulars of the type of document produced by the buyer and any identifying features of the document;\na licence number\nif the buyer is a corporation—the name of the corporation;\nif the buyer is a business or a person operating under a business or trading name—the name of the business or trading name.\nMaximum penalty—100 penalty units.\nHowever, this section does not apply if the holder or relevant person sells or gives away the plant in the course of a retail activity to a person for the person’s own personal use.\n(sec.155-ssec.1) This section applies if the holder of a plant authority, or a relevant person for the holder, sells or gives away a restricted plant under the authority.\n(sec.155-ssec.2) The holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant— the name and address of the person to whom the plant is sold or given (the buyer ); the source of the information used to verify the identity of the buyer, including the particulars of the type of document produced by the buyer and any identifying features of the document; a licence number if the buyer is a corporation—the name of the corporation; if the buyer is a business or a person operating under a business or trading name—the name of the business or trading name. Maximum penalty—100 penalty units.\n(sec.155-ssec.3) However, this section does not apply if the holder or relevant person sells or gives away the plant in the course of a retail activity to a person for the person’s own personal use.\n- (a) the name and address of the person to whom the plant is sold or given (the buyer );\n- (b) the source of the information used to verify the identity of the buyer, including the particulars of the type of document produced by the buyer and any identifying features of the document; Example of identifying features of a document— a licence number\n- (c) if the buyer is a corporation—the name of the corporation;\n- (d) if the buyer is a business or a person operating under a business or trading name—the name of the business or trading name.","sortOrder":225},{"sectionNumber":"sec.156","sectionType":"section","heading":"Relevant person may keep record for holder of plant authority","content":"### sec.156 Relevant person may keep record for holder of plant authority\n\nThe holder of a plant authority complies with a requirement to keep a record under this subdivision if a relevant person for the holder keeps the record for the holder.","sortOrder":226},{"sectionNumber":"sec.157","sectionType":"section","heading":"Application of subdivision","content":"### sec.157 Application of subdivision\n\nThis subdivision applies to the holder of a protected plant licence who is required under subdivision 1 to keep a protected plant harvest record or a protected plant trade record in relation to a plant taken or used under the licence.","sortOrder":227},{"sectionNumber":"sec.158","sectionType":"section","heading":"Information must be complete, accurate and legible","content":"### sec.158 Information must be complete, accurate and legible\n\nThe holder must ensure that information included in the record is—\ncomplete and accurate; and\nlegible; and\nin ink.\nMaximum penalty—100 penalty units.\nHowever, subsection (1) (c) does not apply in relation to a record kept in an electronic form.\n(sec.158-ssec.1) The holder must ensure that information included in the record is— complete and accurate; and legible; and in ink. Maximum penalty—100 penalty units.\n(sec.158-ssec.2) However, subsection (1) (c) does not apply in relation to a record kept in an electronic form.\n- (a) complete and accurate; and\n- (b) legible; and\n- (c) in ink.","sortOrder":228},{"sectionNumber":"sec.159","sectionType":"section","heading":"How records must be kept","content":"### sec.159 How records must be kept\n\nThe holder must keep the record—\nin a written or electronic record system; and\nin a way that ensures the record is available on request by a conservation officer.\nIf the record is kept in an electronic record system (the primary system ) and the primary system is not working on the day particular information must be included in the record—\nthe information must be recorded in a written record system or another electronic record system; and\nthe written record system or other electronic record system is taken to be a part of the primary system.\n(sec.159-ssec.1) The holder must keep the record— in a written or electronic record system; and in a way that ensures the record is available on request by a conservation officer.\n(sec.159-ssec.2) If the record is kept in an electronic record system (the primary system ) and the primary system is not working on the day particular information must be included in the record— the information must be recorded in a written record system or another electronic record system; and the written record system or other electronic record system is taken to be a part of the primary system.\n- (a) in a written or electronic record system; and\n- (b) in a way that ensures the record is available on request by a conservation officer.\n- (a) the information must be recorded in a written record system or another electronic record system; and\n- (b) the written record system or other electronic record system is taken to be a part of the primary system.","sortOrder":229},{"sectionNumber":"sec.160","sectionType":"section","heading":"Where records or copies must be kept","content":"### sec.160 Where records or copies must be kept\n\nThe holder must, unless the holder has a reasonable excuse, keep the record or a copy of the record in a secure way at—\nfor an individual—the holder’s place of residence; or\nfor a recreational plant society—the society’s office or other usual place for keeping the society’s records; or\nfor a corporation—\nthe licensed premises for the licence; or\nif the licensed premises for the licence are not a place open for business—an office of the corporation that is in the State.\nMaximum penalty—120 penalty units.\n- (a) for an individual—the holder’s place of residence; or\n- (b) for a recreational plant society—the society’s office or other usual place for keeping the society’s records; or\n- (c) for a corporation— (i) the licensed premises for the licence; or (ii) if the licensed premises for the licence are not a place open for business—an office of the corporation that is in the State.\n- (i) the licensed premises for the licence; or\n- (ii) if the licensed premises for the licence are not a place open for business—an office of the corporation that is in the State.\n- (i) the licensed premises for the licence; or\n- (ii) if the licensed premises for the licence are not a place open for business—an office of the corporation that is in the State.","sortOrder":230},{"sectionNumber":"sec.161","sectionType":"section","heading":"How long records or copies must be kept","content":"### sec.161 How long records or copies must be kept\n\nThe holder must keep the record or a copy of the record for at least 5 years after the holder ceases to hold the protected plant licence for the plant unless the holder has a reasonable excuse.\nMaximum penalty—120 penalty units.","sortOrder":231},{"sectionNumber":"sec.162","sectionType":"section","heading":"When information must be included in record","content":"### sec.162 When information must be included in record\n\nThe holder must ensure the information required to be included in the record under subdivision 1 is included—\nfor information a conservation plan states must be included in the record—on the day stated in the conservation plan; or\nfor other information—within 72 hours after the event to which the information relates happens.\nMaximum penalty—120 penalty units.\n- (a) for information a conservation plan states must be included in the record—on the day stated in the conservation plan; or\n- (b) for other information—within 72 hours after the event to which the information relates happens.","sortOrder":232},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Other offences for records required to be kept under Act","content":"## Other offences for records required to be kept under Act","sortOrder":233},{"sectionNumber":"sec.163","sectionType":"section","heading":"Notice of theft, loss or destruction of, or damage to, particular records","content":"### sec.163 Notice of theft, loss or destruction of, or damage to, particular records\n\nThis section applies if—\nthe holder of a plant authority is required to keep a record under division 2 , subdivision 1 ; and\nthe record, or a copy of the record, is stolen, lost, destroyed or damaged.\nThe holder must, within 24 hours after becoming aware of the theft, loss, destruction or damage, give the chief executive a notice stating the record or copy has been stolen, lost, destroyed or damaged, unless the holder has a reasonable excuse.\nMaximum penalty—120 penalty units.\nSubsection (4) applies if a person (the second person ) keeps the record, or a copy of the record, for the holder.\nThe second person must, within 24 hours after becoming aware of the theft, loss, destruction or damage, notify the holder of the theft, loss, destruction or damage, unless the second person has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.163-ssec.1) This section applies if— the holder of a plant authority is required to keep a record under division 2 , subdivision 1 ; and the record, or a copy of the record, is stolen, lost, destroyed or damaged.\n(sec.163-ssec.2) The holder must, within 24 hours after becoming aware of the theft, loss, destruction or damage, give the chief executive a notice stating the record or copy has been stolen, lost, destroyed or damaged, unless the holder has a reasonable excuse. Maximum penalty—120 penalty units.\n(sec.163-ssec.3) Subsection (4) applies if a person (the second person ) keeps the record, or a copy of the record, for the holder.\n(sec.163-ssec.4) The second person must, within 24 hours after becoming aware of the theft, loss, destruction or damage, notify the holder of the theft, loss, destruction or damage, unless the second person has a reasonable excuse. Maximum penalty—40 penalty units.\n- (a) the holder of a plant authority is required to keep a record under division 2 , subdivision 1 ; and\n- (b) the record, or a copy of the record, is stolen, lost, destroyed or damaged.","sortOrder":234},{"sectionNumber":"sec.164","sectionType":"section","heading":"Tampering with records","content":"### sec.164 Tampering with records\n\nA person must not, unless the person has a reasonable excuse—\ndeface, erase or obliterate an entry in a record or a copy of a record; or\nremove an entry from a record or a copy of a record; or\nmodify an entry in a record or a copy of a record.\nMaximum penalty—120 penalty units.\nIn this section—\nrecord means a record required to be kept under the Act in relation to a plant.\n(sec.164-ssec.1) A person must not, unless the person has a reasonable excuse— deface, erase or obliterate an entry in a record or a copy of a record; or remove an entry from a record or a copy of a record; or modify an entry in a record or a copy of a record. Maximum penalty—120 penalty units.\n(sec.164-ssec.2) In this section— record means a record required to be kept under the Act in relation to a plant.\n- (a) deface, erase or obliterate an entry in a record or a copy of a record; or\n- (b) remove an entry from a record or a copy of a record; or\n- (c) modify an entry in a record or a copy of a record.","sortOrder":235},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Tags","content":"# Tags","sortOrder":236},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Supply of tags","content":"## Supply of tags","sortOrder":237},{"sectionNumber":"sec.165","sectionType":"section","heading":"Chief executive may supply tags for use","content":"### sec.165 Chief executive may supply tags for use\n\nThe chief executive may, upon payment of the prescribed fee, supply a tag to a person for use under the Act .\nWithout limiting subsection (1) , a tag may be supplied to attach to a plant to allow the plant to be identified.\nThe chief executive must give the person a notice stating the species of plant for which the tag is supplied.\nSee section 169 for circumstances when a person may require the chief executive’s written approval to possess a tag supplied under this section.\n(sec.165-ssec.1) The chief executive may, upon payment of the prescribed fee, supply a tag to a person for use under the Act .\n(sec.165-ssec.2) Without limiting subsection (1) , a tag may be supplied to attach to a plant to allow the plant to be identified.\n(sec.165-ssec.3) The chief executive must give the person a notice stating the species of plant for which the tag is supplied.","sortOrder":238},{"sectionNumber":"sec.166","sectionType":"section","heading":"Nature of tags supplied by chief executive","content":"### sec.166 Nature of tags supplied by chief executive\n\nA tag supplied under section 165 is the property of the State.\nThe tag must not be transferred unless the chief executive has given written approval for the transfer.\nHowever, subsection (2) is subject to a provision of a conservation plan that provides that a tag supplied for a plant to which the conservation plan applies must not be transferred in any circumstances.\n(sec.166-ssec.1) A tag supplied under section 165 is the property of the State.\n(sec.166-ssec.2) The tag must not be transferred unless the chief executive has given written approval for the transfer.\n(sec.166-ssec.3) However, subsection (2) is subject to a provision of a conservation plan that provides that a tag supplied for a plant to which the conservation plan applies must not be transferred in any circumstances.","sortOrder":239},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Attaching tags","content":"## Attaching tags","sortOrder":240},{"sectionNumber":"sec.167","sectionType":"section","heading":"Attaching tag to particular whole restricted plants","content":"### sec.167 Attaching tag to particular whole restricted plants\n\nThis section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder—\ntakes a whole restricted plant (other than the trunk, a log or any timber of sandalwood); and\nuses the plant for trade.\nThe holder or relevant person must attach a tag supplied under section 165 to the plant—\nif the holder or person does not have the tag for the plant before the plant is taken—\nas soon as practicable after the plant is moved from the place where it is taken; and\nbefore the plant is otherwise used for trade; or\notherwise—before the plant is moved from the place where it is taken.\nMaximum penalty—120 penalty units.\n(sec.167-ssec.1) This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— takes a whole restricted plant (other than the trunk, a log or any timber of sandalwood); and uses the plant for trade.\n(sec.167-ssec.2) The holder or relevant person must attach a tag supplied under section 165 to the plant— if the holder or person does not have the tag for the plant before the plant is taken— as soon as practicable after the plant is moved from the place where it is taken; and before the plant is otherwise used for trade; or otherwise—before the plant is moved from the place where it is taken. Maximum penalty—120 penalty units.\n- (a) takes a whole restricted plant (other than the trunk, a log or any timber of sandalwood); and\n- (b) uses the plant for trade.\n- (a) if the holder or person does not have the tag for the plant before the plant is taken— (i) as soon as practicable after the plant is moved from the place where it is taken; and (ii) before the plant is otherwise used for trade; or\n- (i) as soon as practicable after the plant is moved from the place where it is taken; and\n- (ii) before the plant is otherwise used for trade; or\n- (b) otherwise—before the plant is moved from the place where it is taken.\n- (i) as soon as practicable after the plant is moved from the place where it is taken; and\n- (ii) before the plant is otherwise used for trade; or","sortOrder":241},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Requirements for tags","content":"## Requirements for tags","sortOrder":242},{"sectionNumber":"sec.168","sectionType":"section","heading":"Using tags generally","content":"### sec.168 Using tags generally\n\nA person must not attach a tag supplied under section 165 to a protected plant of a species other than the species for which the tag is supplied unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nA person must not attach a tag to a protected plant if the tag has previously been attached to another plant.\nMaximum penalty—165 penalty units.\n(sec.168-ssec.1) A person must not attach a tag supplied under section 165 to a protected plant of a species other than the species for which the tag is supplied unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.168-ssec.2) A person must not attach a tag to a protected plant if the tag has previously been attached to another plant. Maximum penalty—165 penalty units.","sortOrder":243},{"sectionNumber":"sec.169","sectionType":"section","heading":"Tags not to be used by unauthorised person","content":"### sec.169 Tags not to be used by unauthorised person\n\nA person, other than a tag-authorised person, must not, unless the person has a reasonable excuse—\npossess a tag supplied under section 165 without the chief executive’s written approval; or\nattach a tag supplied under section 165 to a plant without the chief executive’s written approval.\nMaximum penalty—165 penalty units.\nThis section is subject to any provision of a conservation plan that provides for the persons who may attach a tag to a plant to which the plan relates.\nIn this section—\ntag-authorised person means any of the following persons—\nthe chief executive;\na conservation officer;\nthe holder of a protected plant licence;\na relevant person for the holder of a protected plant licence;\na person who takes a whole protected plant under an exemption in chapter 3 , part 3 if the person is required to attach a tag to the plant under the plant exemptions code.\n(sec.169-ssec.1) A person, other than a tag-authorised person, must not, unless the person has a reasonable excuse— possess a tag supplied under section 165 without the chief executive’s written approval; or attach a tag supplied under section 165 to a plant without the chief executive’s written approval. Maximum penalty—165 penalty units.\n(sec.169-ssec.2) This section is subject to any provision of a conservation plan that provides for the persons who may attach a tag to a plant to which the plan relates.\n(sec.169-ssec.3) In this section— tag-authorised person means any of the following persons— the chief executive; a conservation officer; the holder of a protected plant licence; a relevant person for the holder of a protected plant licence; a person who takes a whole protected plant under an exemption in chapter 3 , part 3 if the person is required to attach a tag to the plant under the plant exemptions code.\n- (a) possess a tag supplied under section 165 without the chief executive’s written approval; or\n- (b) attach a tag supplied under section 165 to a plant without the chief executive’s written approval.\n- (a) the chief executive;\n- (b) a conservation officer;\n- (c) the holder of a protected plant licence;\n- (d) a relevant person for the holder of a protected plant licence;\n- (e) a person who takes a whole protected plant under an exemption in chapter 3 , part 3 if the person is required to attach a tag to the plant under the plant exemptions code.","sortOrder":244},{"sectionNumber":"sec.170","sectionType":"section","heading":"Tampering with official tags","content":"### sec.170 Tampering with official tags\n\nA person must not tamper with an official tag attached to a protected plant unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply if the tampering by the person is approved in writing by the chief executive.\nAlso, subsection (1) does not apply to a person who removes an official tag from a protected plant if—\nthe plant is being used for the person’s own personal use; or\nthis regulation or a conservation plan provides that the person may remove the tag from the plant.\nIn this section—\nofficial tag , for a protected plant, means—\na tag supplied under section 165 for attaching to the plant; or\nfor a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State.\ntamper , with an official tag, means—\nto remove or damage the tag; or\nto cover or modify the writing on the tag.\n(sec.170-ssec.1) A person must not tamper with an official tag attached to a protected plant unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.170-ssec.2) Subsection (1) does not apply if the tampering by the person is approved in writing by the chief executive.\n(sec.170-ssec.3) Also, subsection (1) does not apply to a person who removes an official tag from a protected plant if— the plant is being used for the person’s own personal use; or this regulation or a conservation plan provides that the person may remove the tag from the plant.\n(sec.170-ssec.4) In this section— official tag , for a protected plant, means— a tag supplied under section 165 for attaching to the plant; or for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State. tamper , with an official tag, means— to remove or damage the tag; or to cover or modify the writing on the tag.\n- (a) the plant is being used for the person’s own personal use; or\n- (b) this regulation or a conservation plan provides that the person may remove the tag from the plant.\n- (a) a tag supplied under section 165 for attaching to the plant; or\n- (b) for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State.\n- (a) to remove or damage the tag; or\n- (b) to cover or modify the writing on the tag.","sortOrder":245},{"sectionNumber":"sec.171","sectionType":"section","heading":"Recall of tags supplied by chief executive","content":"### sec.171 Recall of tags supplied by chief executive\n\nThe chief executive may give a person a notice directing the person to return a tag supplied under section 165 to the chief executive.\nThe notice must state—\nthe place where the tag must be returned; and\nthe date and time by which the tag must be returned.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.171-ssec.1) The chief executive may give a person a notice directing the person to return a tag supplied under section 165 to the chief executive.\n(sec.171-ssec.2) The notice must state— the place where the tag must be returned; and the date and time by which the tag must be returned.\n(sec.171-ssec.3) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty for subsection (3) —50 penalty units.\n- (a) the place where the tag must be returned; and\n- (b) the date and time by which the tag must be returned.","sortOrder":246},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Labels","content":"# Labels","sortOrder":247},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":248},{"sectionNumber":"sec.172","sectionType":"section","heading":"Purpose of part","content":"### sec.172 Purpose of part\n\nThis part requires the holder of a protected plant licence to attach particular labels to plants taken or used under the licence.\nAlso, this part provides for other offences relating to labels attached to protected plants taken or used under the Act .\n(sec.172-ssec.1) This part requires the holder of a protected plant licence to attach particular labels to plants taken or used under the licence.\n(sec.172-ssec.2) Also, this part provides for other offences relating to labels attached to protected plants taken or used under the Act .","sortOrder":249},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Attaching labels","content":"## Attaching labels","sortOrder":250},{"sectionNumber":"sec.173","sectionType":"section","heading":"Protected plant harvest label for particular restricted plants","content":"### sec.173 Protected plant harvest label for particular restricted plants\n\nThis section applies to the holder of a protected plant licence, or a relevant person for the holder, who harvests a whole restricted plant, or a part of a restricted plant, under the licence.\nAt the time the holder or relevant person harvests the whole plant or the part, the holder or person must, unless the holder or person has a reasonable excuse, attach a protected plant harvest label to—\nthe whole plant; or\na bundle or container containing the part.\nMaximum penalty—120 penalty units.\nSubsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant harvest label to a whole restricted plant under subsection (2) (a) given the plant’s nature or condition.\na plant that is too small or fragile for a person to attach a label to it\nThe holder or relevant person is taken to have attached the protected plant harvest label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant.\n(sec.173-ssec.1) This section applies to the holder of a protected plant licence, or a relevant person for the holder, who harvests a whole restricted plant, or a part of a restricted plant, under the licence.\n(sec.173-ssec.2) At the time the holder or relevant person harvests the whole plant or the part, the holder or person must, unless the holder or person has a reasonable excuse, attach a protected plant harvest label to— the whole plant; or a bundle or container containing the part. Maximum penalty—120 penalty units.\n(sec.173-ssec.3) Subsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant harvest label to a whole restricted plant under subsection (2) (a) given the plant’s nature or condition. a plant that is too small or fragile for a person to attach a label to it\n(sec.173-ssec.4) The holder or relevant person is taken to have attached the protected plant harvest label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant.\n- (a) the whole plant; or\n- (b) a bundle or container containing the part.","sortOrder":251},{"sectionNumber":"sec.174","sectionType":"section","heading":"Protected plant trade label for particular restricted plants","content":"### sec.174 Protected plant trade label for particular restricted plants\n\nThis section applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses a whole restricted plant (other than the trunk, a log or any timber of sandalwood), or a part of a restricted plant, for trade under the licence.\nBefore the whole plant or part is used for trade, the holder or relevant person must, unless the holder or person has a reasonable excuse, attach a protected plant trade label to—\nthe whole plant; or\na bundle or container containing the part.\nMaximum penalty—120 penalty units.\nSubsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant trade label to a whole restricted plant under subsection (2) (a) given the plant’s nature or condition.\na plant that is too small or fragile for a person to attach a label to it\nThe holder or relevant person is taken to have attached the protected plant trade label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant.\n(sec.174-ssec.1) This section applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses a whole restricted plant (other than the trunk, a log or any timber of sandalwood), or a part of a restricted plant, for trade under the licence.\n(sec.174-ssec.2) Before the whole plant or part is used for trade, the holder or relevant person must, unless the holder or person has a reasonable excuse, attach a protected plant trade label to— the whole plant; or a bundle or container containing the part. Maximum penalty—120 penalty units.\n(sec.174-ssec.3) Subsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant trade label to a whole restricted plant under subsection (2) (a) given the plant’s nature or condition. a plant that is too small or fragile for a person to attach a label to it\n(sec.174-ssec.4) The holder or relevant person is taken to have attached the protected plant trade label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant.\n- (a) the whole plant; or\n- (b) a bundle or container containing the part.","sortOrder":252},{"sectionNumber":"sec.175","sectionType":"section","heading":"Label for particular restricted plants sold, exchanged or given away, or moved, outside State","content":"### sec.175 Label for particular restricted plants sold, exchanged or given away, or moved, outside State\n\nThis section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder—\nuses a restricted plant for trade by moving the plant to a place outside the State; or\nuses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward.\nBefore the restricted plant is used in the way mentioned in subsection (1) , the holder or relevant person must, unless the holder or person has a reasonable excuse, mark or label a container containing the plant with the following words—\nif the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’;\notherwise—\n‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and\n‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’.\nMaximum penalty—120 penalty units.\n(sec.175-ssec.1) This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— uses a restricted plant for trade by moving the plant to a place outside the State; or uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward.\n(sec.175-ssec.2) Before the restricted plant is used in the way mentioned in subsection (1) , the holder or relevant person must, unless the holder or person has a reasonable excuse, mark or label a container containing the plant with the following words— if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; otherwise— ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’. Maximum penalty—120 penalty units.\n- (a) uses a restricted plant for trade by moving the plant to a place outside the State; or\n- (b) uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward.\n- (a) if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’;\n- (b) otherwise— (i) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and (ii) ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’.\n- (i) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and\n- (ii) ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’.\n- (i) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and\n- (ii) ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’.","sortOrder":253},{"sectionNumber":"ch.8-pt.3-div.3","sectionType":"division","heading":"Requirements for labels","content":"## Requirements for labels","sortOrder":254},{"sectionNumber":"sec.176","sectionType":"section","heading":"False or misleading information in particular labels","content":"### sec.176 False or misleading information in particular labels\n\nA person must not state anything that the person knows is false or misleading in a material particular in any of the following labels—\na protected plant harvest label;\na protected plant trade label;\na label about the harvest or use of a restricted plant that is required to be attached to the plant under the plant exemptions code.\nMaximum penalty—80 penalty units.\n- (a) a protected plant harvest label;\n- (b) a protected plant trade label;\n- (c) a label about the harvest or use of a restricted plant that is required to be attached to the plant under the plant exemptions code.","sortOrder":255},{"sectionNumber":"sec.177","sectionType":"section","heading":"Removing particular labels about harvest of restricted plants","content":"### sec.177 Removing particular labels about harvest of restricted plants\n\nA person must not remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, other than under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\nA person may remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, if—\nthe whole plant, or the bundle or container containing the part, has been moved from the place where the whole plant or part was harvested; and\n1 of the following applies—\na protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174 ;\na label under the plant exemptions code about the trade of the restricted plant is attached to the whole plant, or the bundle or container containing the part, as required under the code;\nthe whole plant or part starts being used for a purpose other than trade.\nIn this section—\nharvest label means—\na protected plant harvest label; or\na label about the harvest of a restricted plant that is required to be attached to the plant under the plant exemptions code.\n(sec.177-ssec.1) A person must not remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, other than under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.177-ssec.2) A person may remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, if— the whole plant, or the bundle or container containing the part, has been moved from the place where the whole plant or part was harvested; and 1 of the following applies— a protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174 ; a label under the plant exemptions code about the trade of the restricted plant is attached to the whole plant, or the bundle or container containing the part, as required under the code; the whole plant or part starts being used for a purpose other than trade.\n(sec.177-ssec.3) In this section— harvest label means— a protected plant harvest label; or a label about the harvest of a restricted plant that is required to be attached to the plant under the plant exemptions code.\n- (a) the whole plant, or the bundle or container containing the part, has been moved from the place where the whole plant or part was harvested; and\n- (b) 1 of the following applies— (i) a protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174 ; (ii) a label under the plant exemptions code about the trade of the restricted plant is attached to the whole plant, or the bundle or container containing the part, as required under the code; (iii) the whole plant or part starts being used for a purpose other than trade.\n- (i) a protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174 ;\n- (ii) a label under the plant exemptions code about the trade of the restricted plant is attached to the whole plant, or the bundle or container containing the part, as required under the code;\n- (iii) the whole plant or part starts being used for a purpose other than trade.\n- (i) a protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174 ;\n- (ii) a label under the plant exemptions code about the trade of the restricted plant is attached to the whole plant, or the bundle or container containing the part, as required under the code;\n- (iii) the whole plant or part starts being used for a purpose other than trade.\n- (a) a protected plant harvest label; or\n- (b) a label about the harvest of a restricted plant that is required to be attached to the plant under the plant exemptions code.","sortOrder":256},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Fees payable","content":"# Fees payable","sortOrder":257},{"sectionNumber":"sec.178","sectionType":"section","heading":"Application of chapter","content":"### sec.178 Application of chapter\n\nThis chapter provides for fees payable under the Act in relation to a plant.\nHowever, this chapter does not apply to a conservation value.\n(sec.178-ssec.1) This chapter provides for fees payable under the Act in relation to a plant.\n(sec.178-ssec.2) However, this chapter does not apply to a conservation value.","sortOrder":258},{"sectionNumber":"sec.179","sectionType":"section","heading":"Fees generally","content":"### sec.179 Fees generally\n\nThe fees are stated in schedule 4 .","sortOrder":259},{"sectionNumber":"sec.180","sectionType":"section","heading":"Concessional fee for application for particular plant authorities","content":"### sec.180 Concessional fee for application for particular plant authorities\n\nThis section applies in relation to an application for a plant authority if the activity proposed to be carried out under the authority is—\nfor an educational purpose; or\nfor a scientific research purpose; or\nfor the conservation of nature; or\nclearing to establish or maintain a fence, firebreak, road or vehicular track that is necessary for managing or protecting a property; or\na Traditional Owner activity.\nThe fee payable for the application is the concessional fee stated in schedule 4 for the plant authority.\nIn this section—\neducational purpose means the purpose of teaching at an educational institution or by an educational organisation.\nscientific research purpose means the purpose of scientific research carried out at a tertiary or other institution administered by the Commonwealth, a State or another entity that is involved in scientific research.\nTraditional Owner activity means an activity by which a protected plant is taken and used by—\nan Aboriginal person for practising Aboriginal tradition; or\na Torres Strait Islander person for practising Ailan Kastom.\ns 180 amd 2024 SL No. 196 s 63 sch 1\n(sec.180-ssec.1) This section applies in relation to an application for a plant authority if the activity proposed to be carried out under the authority is— for an educational purpose; or for a scientific research purpose; or for the conservation of nature; or clearing to establish or maintain a fence, firebreak, road or vehicular track that is necessary for managing or protecting a property; or a Traditional Owner activity.\n(sec.180-ssec.2) The fee payable for the application is the concessional fee stated in schedule 4 for the plant authority.\n(sec.180-ssec.3) In this section— educational purpose means the purpose of teaching at an educational institution or by an educational organisation. scientific research purpose means the purpose of scientific research carried out at a tertiary or other institution administered by the Commonwealth, a State or another entity that is involved in scientific research. Traditional Owner activity means an activity by which a protected plant is taken and used by— an Aboriginal person for practising Aboriginal tradition; or a Torres Strait Islander person for practising Ailan Kastom.\n- (a) for an educational purpose; or\n- (b) for a scientific research purpose; or\n- (c) for the conservation of nature; or\n- (d) clearing to establish or maintain a fence, firebreak, road or vehicular track that is necessary for managing or protecting a property; or\n- (e) a Traditional Owner activity.\n- (a) an Aboriginal person for practising Aboriginal tradition; or\n- (b) a Torres Strait Islander person for practising Ailan Kastom.","sortOrder":260},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Exemption from plant authority fees","content":"# Exemption from plant authority fees","sortOrder":261},{"sectionNumber":"sec.181","sectionType":"section","heading":"Application for fee exemption","content":"### sec.181 Application for fee exemption\n\nThis section applies to any of the following persons (each a relevant applicant )—\na recreational plant society;\na voluntary conservation organisation;\na volunteer community organisation.\nThe relevant applicant may apply to the chief executive for an exemption from the payment of a fee for an application for a plant authority (a fee exemption ).\nThe application for the fee exemption must—\nbe in writing; and\ninclude details about the contribution the activity proposed to be carried out under the plant authority will make to the conservation of nature generally; and\nbe made before or when the application for the plant authority is made.\n(sec.181-ssec.1) This section applies to any of the following persons (each a relevant applicant )— a recreational plant society; a voluntary conservation organisation; a volunteer community organisation.\n(sec.181-ssec.2) The relevant applicant may apply to the chief executive for an exemption from the payment of a fee for an application for a plant authority (a fee exemption ).\n(sec.181-ssec.3) The application for the fee exemption must— be in writing; and include details about the contribution the activity proposed to be carried out under the plant authority will make to the conservation of nature generally; and be made before or when the application for the plant authority is made.\n- (a) a recreational plant society;\n- (b) a voluntary conservation organisation;\n- (c) a volunteer community organisation.\n- (a) be in writing; and\n- (b) include details about the contribution the activity proposed to be carried out under the plant authority will make to the conservation of nature generally; and\n- (c) be made before or when the application for the plant authority is made.","sortOrder":262},{"sectionNumber":"sec.182","sectionType":"section","heading":"Considering and deciding application for fee exemption","content":"### sec.182 Considering and deciding application for fee exemption\n\nThe chief executive must consider an application for a fee exemption and decide to either—\ngrant the exemption, with or without conditions; or\nrefuse the application.\nThe chief executive may grant the exemption only if the chief executive is satisfied—\nthe activity proposed to be carried out under the plant authority to which the application relates is likely to make a significant contribution to the conservation of nature generally; and\nany commercial or recreational aspect of the activity is not the primary purpose for carrying out the activity.\n(sec.182-ssec.1) The chief executive must consider an application for a fee exemption and decide to either— grant the exemption, with or without conditions; or refuse the application.\n(sec.182-ssec.2) The chief executive may grant the exemption only if the chief executive is satisfied— the activity proposed to be carried out under the plant authority to which the application relates is likely to make a significant contribution to the conservation of nature generally; and any commercial or recreational aspect of the activity is not the primary purpose for carrying out the activity.\n- (a) grant the exemption, with or without conditions; or\n- (b) refuse the application.\n- (a) the activity proposed to be carried out under the plant authority to which the application relates is likely to make a significant contribution to the conservation of nature generally; and\n- (b) any commercial or recreational aspect of the activity is not the primary purpose for carrying out the activity.","sortOrder":263},{"sectionNumber":"sec.183","sectionType":"section","heading":"Steps to be taken after application for fee exemption decided","content":"### sec.183 Steps to be taken after application for fee exemption decided\n\nIf the chief executive decides to grant a fee exemption, the chief executive must give the relevant applicant a notice stating—\nthe plant authority to which the exemption applies; and\nif a condition is imposed on the exemption under section 182 (1) (a) —\nthe condition; and\nthe reason for the condition.\nIf the chief executive decides to refuse an application for a fee exemption, the chief executive must, as soon as practicable after making the decision, give the relevant applicant notice of the decision and the reasons for the decision.\n(sec.183-ssec.1) If the chief executive decides to grant a fee exemption, the chief executive must give the relevant applicant a notice stating— the plant authority to which the exemption applies; and if a condition is imposed on the exemption under section 182 (1) (a) — the condition; and the reason for the condition.\n(sec.183-ssec.2) If the chief executive decides to refuse an application for a fee exemption, the chief executive must, as soon as practicable after making the decision, give the relevant applicant notice of the decision and the reasons for the decision.\n- (a) the plant authority to which the exemption applies; and\n- (b) if a condition is imposed on the exemption under section 182 (1) (a) — (i) the condition; and (ii) the reason for the condition.\n- (i) the condition; and\n- (ii) the reason for the condition.\n- (i) the condition; and\n- (ii) the reason for the condition.","sortOrder":264},{"sectionNumber":"sec.184","sectionType":"section","heading":"Effect of grant of fee exemption","content":"### sec.184 Effect of grant of fee exemption\n\nIf the chief executive grants a fee exemption, no fee is payable by the relevant applicant for the plant authority to which the exemption relates.\nHowever, if the chief executive imposes a condition on the exemption under section 182 (1) (a) , subsection (1) applies only if the relevant applicant complies with the condition.\n(sec.184-ssec.1) If the chief executive grants a fee exemption, no fee is payable by the relevant applicant for the plant authority to which the exemption relates.\n(sec.184-ssec.2) However, if the chief executive imposes a condition on the exemption under section 182 (1) (a) , subsection (1) applies only if the relevant applicant complies with the condition.","sortOrder":265},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Refund of fees","content":"# Refund of fees","sortOrder":266},{"sectionNumber":"sec.185","sectionType":"section","heading":"Refund of fees","content":"### sec.185 Refund of fees\n\nThis section applies if a plant authority has been—\namended to an extent that the fee paid in relation to the authority before it was amended is higher than the fee that would be payable in relation to the authority in its amended form; or\nsuspended or cancelled for a ground mentioned in section 123 (e) ; or\nsurrendered under section 129 .\nThe chief executive may refund all or part of a fee paid in relation to the plant authority if the chief executive considers the refund is appropriate having regard to—\nthe nature of the amendment, suspension, cancellation or surrender; and\nany other relevant matter.\nThe chief executive may refund the fee in the way the chief executive considers appropriate.\nby giving the person a cheque for the amount refunded\nby deducting the amount refunded from another fee the person is required to pay\n(sec.185-ssec.1) This section applies if a plant authority has been— amended to an extent that the fee paid in relation to the authority before it was amended is higher than the fee that would be payable in relation to the authority in its amended form; or suspended or cancelled for a ground mentioned in section 123 (e) ; or surrendered under section 129 .\n(sec.185-ssec.2) The chief executive may refund all or part of a fee paid in relation to the plant authority if the chief executive considers the refund is appropriate having regard to— the nature of the amendment, suspension, cancellation or surrender; and any other relevant matter.\n(sec.185-ssec.3) The chief executive may refund the fee in the way the chief executive considers appropriate. by giving the person a cheque for the amount refunded by deducting the amount refunded from another fee the person is required to pay\n- (a) amended to an extent that the fee paid in relation to the authority before it was amended is higher than the fee that would be payable in relation to the authority in its amended form; or\n- (b) suspended or cancelled for a ground mentioned in section 123 (e) ; or\n- (c) surrendered under section 129 .\n- (a) the nature of the amendment, suspension, cancellation or surrender; and\n- (b) any other relevant matter.\n- • by giving the person a cheque for the amount refunded\n- • by deducting the amount refunded from another fee the person is required to pay","sortOrder":267},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":268},{"sectionNumber":"ch.11-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":269},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 om 2022 Act No. 21 s 33","sortOrder":270},{"sectionNumber":"ch.11-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":271},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 om 2022 Act No. 21 s 33","sortOrder":272},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 om 2022 Act No. 21 s 33","sortOrder":273},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2022 Act No. 21 s 33","sortOrder":274},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2022 Act No. 21 s 33","sortOrder":275},{"sectionNumber":"ch.11-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":276},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2022 Act No. 21 s 33","sortOrder":277},{"sectionNumber":"ch.11-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":278},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2022 Act No. 21 s 33","sortOrder":279},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":280},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":281},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2022 Act No. 21 s 33","sortOrder":282},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":283},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 om 2022 Act No. 21 s 33","sortOrder":284},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":285},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 om 2022 Act No. 21 s 33","sortOrder":286},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 om 2022 Act No. 21 s 33","sortOrder":287},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 om 2022 Act No. 21 s 33","sortOrder":288},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 om 2022 Act No. 21 s 33","sortOrder":289},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 om 2022 Act No. 21 s 33","sortOrder":290},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 2022 Act No. 21 s 33","sortOrder":291},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 om 2022 Act No. 21 s 33","sortOrder":292},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 om 2022 Act No. 21 s 33","sortOrder":293},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 om 2022 Act No. 21 s 33","sortOrder":294},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 om 2022 Act No. 21 s 33","sortOrder":295},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":296},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 om 2022 Act No. 21 s 33","sortOrder":297},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Transitional provisions for SL No. 137 of 2020","content":"# Transitional provisions for SL No. 137 of 2020","sortOrder":298},{"sectionNumber":"ch.12-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":299},{"sectionNumber":"sec.208","sectionType":"section","heading":"Definitions for part","content":"### sec.208 Definitions for part\n\nIn this part—\ncorresponding provision , for a repealed provision, means a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision.\nexisting wildlife authority see section 209(1).\nrepealed administration regulation means the repealed Nature Conservation (Administration) Regulation 2017 .\nrepealed management regulation means the repealed Nature Conservation (Wildlife Management) Regulation 2006 .\nrepealed provision means a provision of a repealed regulation as in force from time to time before the commencement.\nrepealed regulation means—\nthe repealed administration regulation; or\nthe repealed management regulation; or\nthe repealed wildlife regulation.\nrepealed wildlife regulation means the repealed Nature Conservation (Wildlife) Regulation 2006 .\ntransitioned authority see section 209(5).\nwildlife authority means a wildlife authority mentioned in the repealed administration regulation, section 14, 15 or 16.\ns 208 amd 2021 SL No. 165 s 34\n- (a) the repealed administration regulation; or\n- (b) the repealed management regulation; or\n- (c) the repealed wildlife regulation.","sortOrder":300},{"sectionNumber":"ch.12-pt.1-div.2","sectionType":"division","heading":"Existing wildlife authorities for plants","content":"## Existing wildlife authorities for plants","sortOrder":301},{"sectionNumber":"sec.209","sectionType":"section","heading":"Existing wildlife authorities for plants continued","content":"### sec.209 Existing wildlife authorities for plants continued\n\nThis section applies in relation to a wildlife authority that was granted by the chief executive under a repealed provision and in effect immediately before the commencement (an existing wildlife authority ).\nFrom the commencement, the existing wildlife authority is taken to be a plant authority granted under the corresponding provision for the repealed provision.\nFrom the commencement, the person who was the holder of the existing wildlife authority immediately before the commencement is taken to be the holder of the plant authority.\nIf, immediately before the commencement, the existing wildlife authority was subject to a condition or other restriction (however described), the plant authority is subject to the same condition or restriction.\nAn existing wildlife authority continued in effect under this section as a plant authority is a transitioned authority .\nSubsection (4) does not prevent a transitioned authority being amended, suspended or cancelled under this regulation.\n(sec.209-ssec.1) This section applies in relation to a wildlife authority that was granted by the chief executive under a repealed provision and in effect immediately before the commencement (an existing wildlife authority ).\n(sec.209-ssec.2) From the commencement, the existing wildlife authority is taken to be a plant authority granted under the corresponding provision for the repealed provision.\n(sec.209-ssec.3) From the commencement, the person who was the holder of the existing wildlife authority immediately before the commencement is taken to be the holder of the plant authority.\n(sec.209-ssec.4) If, immediately before the commencement, the existing wildlife authority was subject to a condition or other restriction (however described), the plant authority is subject to the same condition or restriction.\n(sec.209-ssec.5) An existing wildlife authority continued in effect under this section as a plant authority is a transitioned authority .\n(sec.209-ssec.6) Subsection (4) does not prevent a transitioned authority being amended, suspended or cancelled under this regulation.","sortOrder":302},{"sectionNumber":"sec.210","sectionType":"section","heading":"Existing amendments or suspensions continued","content":"### sec.210 Existing amendments or suspensions continued\n\nThis section applies if, immediately before the commencement, an amendment or suspension was in effect for a transitioned authority under a repealed provision.\nThe amendment or suspension continues in effect under this regulation for the transitioned authority as if the amendment or suspension were made or imposed under the corresponding provision for the repealed provision.\n(sec.210-ssec.1) This section applies if, immediately before the commencement, an amendment or suspension was in effect for a transitioned authority under a repealed provision.\n(sec.210-ssec.2) The amendment or suspension continues in effect under this regulation for the transitioned authority as if the amendment or suspension were made or imposed under the corresponding provision for the repealed provision.","sortOrder":303},{"sectionNumber":"sec.211","sectionType":"section","heading":"Term of transitioned authorities","content":"### sec.211 Term of transitioned authorities\n\nA transitioned authority ends on the day it would have otherwise ended under a repealed provision, but for the repeal of the provision.\nSubsection (1) does not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.\n(sec.211-ssec.1) A transitioned authority ends on the day it would have otherwise ended under a repealed provision, but for the repeal of the provision.\n(sec.211-ssec.2) Subsection (1) does not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.","sortOrder":304},{"sectionNumber":"sec.212","sectionType":"section","heading":"Existing fee exemptions continued","content":"### sec.212 Existing fee exemptions continued\n\nThis section applies if—\nbefore the commencement, the chief executive granted an exemption under the repealed administration regulation, section 166; and\nimmediately before the commencement, the exemption was in effect.\nThe exemption continues in effect as if it were granted under section 182.\nThe exemption is subject to the same conditions, if any, imposed by the chief executive under the repealed administration regulation, section 166.\n(sec.212-ssec.1) This section applies if— before the commencement, the chief executive granted an exemption under the repealed administration regulation, section 166; and immediately before the commencement, the exemption was in effect.\n(sec.212-ssec.2) The exemption continues in effect as if it were granted under section 182.\n(sec.212-ssec.3) The exemption is subject to the same conditions, if any, imposed by the chief executive under the repealed administration regulation, section 166.\n- (a) before the commencement, the chief executive granted an exemption under the repealed administration regulation, section 166; and\n- (b) immediately before the commencement, the exemption was in effect.","sortOrder":305},{"sectionNumber":"ch.12-pt.1-div.3","sectionType":"division","heading":"Existing applications for wildlife authorities for plants and internal review","content":"## Existing applications for wildlife authorities for plants and internal review","sortOrder":306},{"sectionNumber":"sec.213","sectionType":"section","heading":"Undecided applications for wildlife authorities","content":"### sec.213 Undecided applications for wildlife authorities\n\nThis section applies if—\nbefore the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment of an existing wildlife authority, under a repealed provision; and\nimmediately before the commencement, the existing application had not been decided.\nIf the existing application was for the grant of a wildlife authority, it is taken to be an application for a plant authority under the corresponding provision for the repealed provision.\nIf the existing application was for the amendment of an existing wildlife authority, it is taken to be an application of the same kind under the corresponding provision for the repealed provision.\nNo fee is payable for the application under this regulation if all fees payable for the existing application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n(sec.213-ssec.1) This section applies if— before the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment of an existing wildlife authority, under a repealed provision; and immediately before the commencement, the existing application had not been decided.\n(sec.213-ssec.2) If the existing application was for the grant of a wildlife authority, it is taken to be an application for a plant authority under the corresponding provision for the repealed provision.\n(sec.213-ssec.3) If the existing application was for the amendment of an existing wildlife authority, it is taken to be an application of the same kind under the corresponding provision for the repealed provision.\n(sec.213-ssec.4) No fee is payable for the application under this regulation if all fees payable for the existing application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n- (a) before the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment of an existing wildlife authority, under a repealed provision; and\n- (b) immediately before the commencement, the existing application had not been decided.","sortOrder":307},{"sectionNumber":"sec.214","sectionType":"section","heading":"Undecided applications or entitlements for internal or external review","content":"### sec.214 Undecided applications or entitlements for internal or external review\n\nThis section applies if—\nbefore the commencement—\na person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or\na person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\nimmediately before the commencement—\nthe existing application had not been decided; or\nthe period in which the person was entitled to apply for the review had not ended.\nChapter 11, part 1 applies in relation to the person as if—\nthe reviewable decision—\nwere an original decision or internal review decision within the meaning of section 188; and\nhad been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\nfor an existing application—the application had been made under that part; and\nfor an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\nIf a stay of the reviewable decision was granted under a repealed provision, the stay is taken to continue in force under the corresponding provision for the repealed provision.\nIn this section—\nreviewable decision has the meaning given under the repealed administration regulation.\n(sec.214-ssec.1) This section applies if— before the commencement— a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and immediately before the commencement— the existing application had not been decided; or the period in which the person was entitled to apply for the review had not ended.\n(sec.214-ssec.2) Chapter 11, part 1 applies in relation to the person as if— the reviewable decision— were an original decision or internal review decision within the meaning of section 188; and had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and for an existing application—the application had been made under that part; and for an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\n(sec.214-ssec.3) If a stay of the reviewable decision was granted under a repealed provision, the stay is taken to continue in force under the corresponding provision for the repealed provision.\n(sec.214-ssec.4) In this section— reviewable decision has the meaning given under the repealed administration regulation.\n- (a) before the commencement— (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or\n- (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (b) immediately before the commencement— (i) the existing application had not been decided; or (ii) the period in which the person was entitled to apply for the review had not ended.\n- (i) the existing application had not been decided; or\n- (ii) the period in which the person was entitled to apply for the review had not ended.\n- (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or\n- (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (i) the existing application had not been decided; or\n- (ii) the period in which the person was entitled to apply for the review had not ended.\n- (a) the reviewable decision— (i) were an original decision or internal review decision within the meaning of section 188; and (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\n- (i) were an original decision or internal review decision within the meaning of section 188; and\n- (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\n- (b) for an existing application—the application had been made under that part; and\n- (c) for an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\n- (i) were an original decision or internal review decision within the meaning of section 188; and\n- (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and","sortOrder":308},{"sectionNumber":"ch.12-pt.1-div.4","sectionType":"division","heading":"Record keeping and supplied tags","content":"## Record keeping and supplied tags","sortOrder":309},{"sectionNumber":"sec.215","sectionType":"section","heading":"Particular existing records","content":"### sec.215 Particular existing records\n\nA record made or kept, before the commencement, in relation to a plant or an existing wildlife authority, under a repealed provision is taken to be made or kept—\nunder the corresponding provision for the repealed provision; or\nif there is a provision of the plant exemptions code that provides for the same, or substantially the same, matter as the repealed provision—under the provision of the plant exemptions code.\n- (a) under the corresponding provision for the repealed provision; or\n- (b) if there is a provision of the plant exemptions code that provides for the same, or substantially the same, matter as the repealed provision—under the provision of the plant exemptions code.","sortOrder":310},{"sectionNumber":"sec.216","sectionType":"section","heading":"Supplied tags","content":"### sec.216 Supplied tags\n\nThis section applies in relation to a tag supplied under the repealed management regulation, section 347 before the commencement in relation to a plant, other than a tag that was recalled under section 350 of that regulation before the commencement.\nThe tag is taken to be supplied under section 165(1).\n(sec.216-ssec.1) This section applies in relation to a tag supplied under the repealed management regulation, section 347 before the commencement in relation to a plant, other than a tag that was recalled under section 350 of that regulation before the commencement.\n(sec.216-ssec.2) The tag is taken to be supplied under section 165(1).","sortOrder":311},{"sectionNumber":"sec.217","sectionType":"section","heading":"Approvals about use or transfer of tags","content":"### sec.217 Approvals about use or transfer of tags\n\nThis section applies if—\nbefore the commencement, the chief executive gave an approval under—\nthe repealed management regulation, section 335; or\nthe repealed management regulation, section 349; and\nthe approval relates to a tag supplied for a plant; and\nimmediately before the commencement, the approval was in effect.\nThe approval is taken to be an approval given under—\nfor an approval mentioned in subsection (1)(a)(i)—section 169(1); or\nfor an approval mentioned in subsection (1)(a)(ii)—section 166(2).\n(sec.217-ssec.1) This section applies if— before the commencement, the chief executive gave an approval under— the repealed management regulation, section 335; or the repealed management regulation, section 349; and the approval relates to a tag supplied for a plant; and immediately before the commencement, the approval was in effect.\n(sec.217-ssec.2) The approval is taken to be an approval given under— for an approval mentioned in subsection (1)(a)(i)—section 169(1); or for an approval mentioned in subsection (1)(a)(ii)—section 166(2).\n- (a) before the commencement, the chief executive gave an approval under— (i) the repealed management regulation, section 335; or (ii) the repealed management regulation, section 349; and\n- (i) the repealed management regulation, section 335; or\n- (ii) the repealed management regulation, section 349; and\n- (b) the approval relates to a tag supplied for a plant; and\n- (c) immediately before the commencement, the approval was in effect.\n- (i) the repealed management regulation, section 335; or\n- (ii) the repealed management regulation, section 349; and\n- (a) for an approval mentioned in subsection (1)(a)(i)—section 169(1); or\n- (b) for an approval mentioned in subsection (1)(a)(ii)—section 166(2).","sortOrder":312},{"sectionNumber":"sec.218","sectionType":"section","heading":"Undecided applications for tags","content":"### sec.218 Undecided applications for tags\n\nThis section applies if—\nbefore the commencement, a person made an application for an official tag under the repealed management regulation, section 261ZM(4) or 348A; and\nimmediately before the commencement, the application had not been decided.\nThe chief executive must decide the application under the repealed management regulation after the commencement as if the regulation had not been repealed.\nIf the chief executive decides to supply an official tag under the repealed management regulation—\nthe tag is taken to be supplied under section 165(1); and\nno fee is payable in relation to the tag under this regulation if all fees payable in relation to the tag under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n(sec.218-ssec.1) This section applies if— before the commencement, a person made an application for an official tag under the repealed management regulation, section 261ZM(4) or 348A; and immediately before the commencement, the application had not been decided.\n(sec.218-ssec.2) The chief executive must decide the application under the repealed management regulation after the commencement as if the regulation had not been repealed.\n(sec.218-ssec.3) If the chief executive decides to supply an official tag under the repealed management regulation— the tag is taken to be supplied under section 165(1); and no fee is payable in relation to the tag under this regulation if all fees payable in relation to the tag under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n- (a) before the commencement, a person made an application for an official tag under the repealed management regulation, section 261ZM(4) or 348A; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) the tag is taken to be supplied under section 165(1); and\n- (b) no fee is payable in relation to the tag under this regulation if all fees payable in relation to the tag under the repealed administration regulation or the repealed management regulation were paid before the commencement.","sortOrder":313},{"sectionNumber":"ch.12-pt.1-div.5","sectionType":"division","heading":"Matters relating to clearing","content":"## Matters relating to clearing","sortOrder":314},{"sectionNumber":"sec.219","sectionType":"section","heading":"Existing agreements by chief executive for buffer zone for clearing impact area","content":"### sec.219 Existing agreements by chief executive for buffer zone for clearing impact area\n\nThis section applies if—\nbefore the commencement, the chief executive agreed under the repealed management regulation, section 249(2) to an area (the agreed area ) as a buffer zone for an area to be cleared for section 249(1)(b)(ii) of that regulation; and\nimmediately before the commencement, the agreement was in effect.\nOn the commencement, the agreement is taken to be an agreement under section 134 for the agreed area to be a buffer zone under this regulation for the area to be cleared.\n(sec.219-ssec.1) This section applies if— before the commencement, the chief executive agreed under the repealed management regulation, section 249(2) to an area (the agreed area ) as a buffer zone for an area to be cleared for section 249(1)(b)(ii) of that regulation; and immediately before the commencement, the agreement was in effect.\n(sec.219-ssec.2) On the commencement, the agreement is taken to be an agreement under section 134 for the agreed area to be a buffer zone under this regulation for the area to be cleared.\n- (a) before the commencement, the chief executive agreed under the repealed management regulation, section 249(2) to an area (the agreed area ) as a buffer zone for an area to be cleared for section 249(1)(b)(ii) of that regulation; and\n- (b) immediately before the commencement, the agreement was in effect.","sortOrder":315},{"sectionNumber":"sec.220","sectionType":"section","heading":"Existing agreements by chief executive for alternative survey methodology","content":"### sec.220 Existing agreements by chief executive for alternative survey methodology\n\nThis section applies if—\nbefore the commencement, the chief executive agreed under the repealed management regulation, section 257(2) to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under that regulation; and\nimmediately before the commencement, the agreement was in effect.\nOn the commencement, the agreement is taken to be an agreement under section 143 for an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under this regulation.\n(sec.220-ssec.1) This section applies if— before the commencement, the chief executive agreed under the repealed management regulation, section 257(2) to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under that regulation; and immediately before the commencement, the agreement was in effect.\n(sec.220-ssec.2) On the commencement, the agreement is taken to be an agreement under section 143 for an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under this regulation.\n- (a) before the commencement, the chief executive agreed under the repealed management regulation, section 257(2) to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under that regulation; and\n- (b) immediately before the commencement, the agreement was in effect.","sortOrder":316},{"sectionNumber":"sec.221","sectionType":"section","heading":"Continuation of existing flora surveys","content":"### sec.221 Continuation of existing flora surveys\n\nThis section applies if, before the commencement—\na flora survey under the repealed management regulation, section 250(1) was undertaken (the existing survey ); and\nthe existing survey complied with section 257 of that regulation.\nOn the commencement, the existing survey is taken to be a flora survey under section 140(1).\n(sec.221-ssec.1) This section applies if, before the commencement— a flora survey under the repealed management regulation, section 250(1) was undertaken (the existing survey ); and the existing survey complied with section 257 of that regulation.\n(sec.221-ssec.2) On the commencement, the existing survey is taken to be a flora survey under section 140(1).\n- (a) a flora survey under the repealed management regulation, section 250(1) was undertaken (the existing survey ); and\n- (b) the existing survey complied with section 257 of that regulation.","sortOrder":317},{"sectionNumber":"sec.222","sectionType":"section","heading":"Continuation of existing flora survey reports","content":"### sec.222 Continuation of existing flora survey reports\n\nThis section applies if, before the commencement—\na flora survey report under the repealed management regulation, section 250(2) was prepared (the existing report ); and\nthe existing report complied with section 257 of that regulation.\nOn the commencement, the existing report is taken to be a flora survey report under section 140(2).\n(sec.222-ssec.1) This section applies if, before the commencement— a flora survey report under the repealed management regulation, section 250(2) was prepared (the existing report ); and the existing report complied with section 257 of that regulation.\n(sec.222-ssec.2) On the commencement, the existing report is taken to be a flora survey report under section 140(2).\n- (a) a flora survey report under the repealed management regulation, section 250(2) was prepared (the existing report ); and\n- (b) the existing report complied with section 257 of that regulation.","sortOrder":318},{"sectionNumber":"sec.223","sectionType":"section","heading":"Existing copy of flora survey trigger map","content":"### sec.223 Existing copy of flora survey trigger map\n\nThis section applies if—\nbefore the commencement, a person was required to keep a copy of the flora survey trigger map under the repealed management regulation, section 261Z(2); and\nimmediately before the commencement, the time for keeping the copy had not ended; and\non the commencement, a provision of the plant exemptions code (the new code provision ) provides for the same, or substantially the same matter, as the repealed management regulation, section 261Z(2).\nOn the commencement, the requirement to keep the copy—\ncontinues to apply; and\nis taken to be imposed under the new code provision.\n(sec.223-ssec.1) This section applies if— before the commencement, a person was required to keep a copy of the flora survey trigger map under the repealed management regulation, section 261Z(2); and immediately before the commencement, the time for keeping the copy had not ended; and on the commencement, a provision of the plant exemptions code (the new code provision ) provides for the same, or substantially the same matter, as the repealed management regulation, section 261Z(2).\n(sec.223-ssec.2) On the commencement, the requirement to keep the copy— continues to apply; and is taken to be imposed under the new code provision.\n- (a) before the commencement, a person was required to keep a copy of the flora survey trigger map under the repealed management regulation, section 261Z(2); and\n- (b) immediately before the commencement, the time for keeping the copy had not ended; and\n- (c) on the commencement, a provision of the plant exemptions code (the new code provision ) provides for the same, or substantially the same matter, as the repealed management regulation, section 261Z(2).\n- (a) continues to apply; and\n- (b) is taken to be imposed under the new code provision.","sortOrder":319},{"sectionNumber":"ch.12-pt.1-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":320},{"sectionNumber":"sec.224","sectionType":"section","heading":"Other undecided applications, invitations, requests, notices and notifications","content":"### sec.224 Other undecided applications, invitations, requests, notices and notifications\n\nThis section applies if, immediately before the commencement—\nan application, relating to a plant or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or\nan invitation, request, notice or other notification (however called), relating to a plant or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\nHowever, this section does not apply in relation to an application mentioned in division 3 or 4.\nIf subsection (1)(a) applies—\nthe application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and\nno fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\nIf subsection (1)(b) applies, the invitation, request, notice or other notification is taken to have been given under the corresponding provision for the repealed provision on the same terms as it was made or given under the repealed provision.\ns 224 amd 2021 SL No. 165 s 36\n(sec.224-ssec.1) This section applies if, immediately before the commencement— an application, relating to a plant or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or an invitation, request, notice or other notification (however called), relating to a plant or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\n(sec.224-ssec.2) However, this section does not apply in relation to an application mentioned in division 3 or 4.\n(sec.224-ssec.3) If subsection (1)(a) applies— the application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and no fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n(sec.224-ssec.4) If subsection (1)(b) applies, the invitation, request, notice or other notification is taken to have been given under the corresponding provision for the repealed provision on the same terms as it was made or given under the repealed provision.\n- (a) an application, relating to a plant or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or\n- (b) an invitation, request, notice or other notification (however called), relating to a plant or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\n- (a) the application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and\n- (b) no fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.","sortOrder":321},{"sectionNumber":"sec.225","sectionType":"section","heading":"Seized things","content":"### sec.225 Seized things\n\nThis section applies if, immediately before the commencement, a thing seized under a repealed provision was being kept under a repealed provision.\nThe thing—\nis taken to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and\nis taken to be kept under the corresponding provision for the repealed provision under which the thing was being kept.\n(sec.225-ssec.1) This section applies if, immediately before the commencement, a thing seized under a repealed provision was being kept under a repealed provision.\n(sec.225-ssec.2) The thing— is taken to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and is taken to be kept under the corresponding provision for the repealed provision under which the thing was being kept.\n- (a) is taken to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and\n- (b) is taken to be kept under the corresponding provision for the repealed provision under which the thing was being kept.","sortOrder":322},{"sectionNumber":"ch.12-pt.1-div.7","sectionType":"division","heading":"References in documents","content":"## References in documents","sortOrder":323},{"sectionNumber":"sec.226","sectionType":"section","heading":"References to repealed regulations","content":"### sec.226 References to repealed regulations\n\nIn a document, if the context permits—\na reference to a repealed regulation may be taken to be a reference to this regulation; and\na reference to a repealed provision may be taken to be a reference to the corresponding provision for the repealed provision.\n- (a) a reference to a repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to a repealed provision may be taken to be a reference to the corresponding provision for the repealed provision.","sortOrder":324},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021","sortOrder":325},{"sectionNumber":"sec.227","sectionType":"section","heading":"Continuing application of former s 102 to existing applications","content":"### sec.227 Continuing application of former s 102 to existing applications\n\nThis section applies if—\nbefore the commencement, a person made an application (the existing application ) for the grant or amendment of a plant authority; and\nimmediately before the commencement, the existing application had not been decided.\nFormer section 102 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.\nIn this section—\nformer section 102 means section 102 as in force immediately before the commencement.\ns 227 ins 2021 SL No. 165 s 37\n(sec.227-ssec.1) This section applies if— before the commencement, a person made an application (the existing application ) for the grant or amendment of a plant authority; and immediately before the commencement, the existing application had not been decided.\n(sec.227-ssec.2) Former section 102 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.\n(sec.227-ssec.3) In this section— former section 102 means section 102 as in force immediately before the commencement.\n- (a) before the commencement, a person made an application (the existing application ) for the grant or amendment of a plant authority; and\n- (b) immediately before the commencement, the existing application had not been decided.","sortOrder":326},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022","sortOrder":327},{"sectionNumber":"sec.228","sectionType":"section","heading":"Existing demerit points continue","content":"### sec.228 Existing demerit points continue\n\nIf, before the commencement, a person accumulated 1 or more demerit points under former section 103—\nthe demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 38 ; and\nthe demerit points may be considered for applying section 102(2)(a).\nIn this section—\nformer section 103 means section 103 as in force from time to time before the commencement.\ns 228 ins 2022 SL No. 166 s 40\n(sec.228-ssec.1) If, before the commencement, a person accumulated 1 or more demerit points under former section 103— the demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 38 ; and the demerit points may be considered for applying section 102(2)(a).\n(sec.228-ssec.2) In this section— former section 103 means section 103 as in force from time to time before the commencement.\n- (a) the demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 38 ; and\n- (b) the demerit points may be considered for applying section 102(2)(a).","sortOrder":328},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":329},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.1-sec.1 Definitions for schedule\n\nIn this schedule—\necosystem process means a natural process that assists in sustaining an ecosystem as a living thing.\ninformation , about a plant, includes—\nthe biochemical, genetic or molecular details of the plant; and\ninformation about the distribution or natural history of the plant.\nland manager means—\na landholder; or\nthe State, an entity representing the State, or a local government, to the extent the State, entity or local government—\nhas an interest in public land under its management; or\nis otherwise responsible for the management or development of public land.\nmanagement principles , for a protected plant, means the matters stated in section 73 of the Act .\n- (a) the biochemical, genetic or molecular details of the plant; and\n- (b) information about the distribution or natural history of the plant.\n- (a) a landholder; or\n- (b) the State, an entity representing the State, or a local government, to the extent the State, entity or local government— (i) has an interest in public land under its management; or (ii) is otherwise responsible for the management or development of public land.\n- (i) has an interest in public land under its management; or\n- (ii) is otherwise responsible for the management or development of public land.\n- (i) has an interest in public land under its management; or\n- (ii) is otherwise responsible for the management or development of public land.","sortOrder":330},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Protected wildlife","content":"# Protected wildlife","sortOrder":331},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Extinct wildlife—declared management intent","content":"## Extinct wildlife—declared management intent","sortOrder":332},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.2 Significance to nature and its value\n\nA plant that is extinct wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.2-ssec.1) A plant that is extinct wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant.\n(sch.1-sec.2-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":333},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.3 Proposed management intent\n\nThe proposed management intent for a plant that is extinct wildlife is—\nto establish and maintain a database of information about the plant and its former habitat; and\nto investigate reliable sightings of the plant; and\nto monitor and review information about reported sightings of the plant; and\nto cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its former habitat; and\nto consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; and\nto implement education programs for land managers about—\nthreatening processes to re-establishing the plant or its habitat; and\nthe conservation of the plant and its habitat; and\nfor a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (a) to establish and maintain a database of information about the plant and its former habitat; and\n- (b) to investigate reliable sightings of the plant; and\n- (c) to monitor and review information about reported sightings of the plant; and\n- (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its former habitat; and\n- (e) to consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; and\n- (f) to implement education programs for land managers about— (i) threatening processes to re-establishing the plant or its habitat; and (ii) the conservation of the plant and its habitat; and\n- (i) threatening processes to re-establishing the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (g) for a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (i) threatening processes to re-establishing the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and","sortOrder":334},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.4 Principles relating to proposed taking, keeping and use\n\nA plant that is extinct wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis for putting into effect a recovery plan for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is for putting into effect a recovery plan for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":335},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Extinct in the wild wildlife","content":"## Extinct in the wild wildlife","sortOrder":336},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Plants","content":"### sch.1-sec.5 Plants\n\nScientific name\nAmphibromus whitei\nDidymoglossum exiguum\nHaplopteris dareicarpa\nHuperzia serrata\nHymenophyllum lobbii\nLemmaphyllum accedens\nMusa fitzalanii\nPaspalum batianoffii\nPersoonia prostrata\nPseudodiphasium volubile\nTmesipteris lanceolata\nsch 1 s 5 amd 2021 SL No. 36 s 53 ; 2021 SL No. 165 s 38 ; 2024 SL No. 196 s 51 ; 2025 SL No. 42 s 45","sortOrder":337},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.6 Significance to nature and its value\n\nA plant that is extinct in the wild wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.6-ssec.1) A plant that is extinct in the wild wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant.\n(sch.1-sec.6-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":338},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.7 Proposed management intent\n\nThe proposed management intent for a plant that is extinct in the wild wildlife is—\nto establish and maintain a database of information about the plant and its habitat; and\nto investigate reliable sightings of the plant; and\nto monitor and review information about reported sightings of the plant; and\nto cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its habitat; and\nfor a plant known to survive outside the wild—to consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; and\nto implement education programs for land managers about—\nthreatening processes to the plant or its habitat; and\nthe conservation of the plant and its habitat; and\nfor a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (a) to establish and maintain a database of information about the plant and its habitat; and\n- (b) to investigate reliable sightings of the plant; and\n- (c) to monitor and review information about reported sightings of the plant; and\n- (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its habitat; and\n- (e) for a plant known to survive outside the wild—to consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the plant or its habitat; and (ii) the conservation of the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (g) for a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and","sortOrder":339},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.8 Principles relating to proposed taking, keeping and use\n\nA plant that is extinct in the wild wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis for putting into effect a recovery plan for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is for putting into effect a recovery plan for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":340},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Critically endangered wildlife","content":"## Critically endangered wildlife","sortOrder":341},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Plants","content":"### sch.1-sec.9 Plants\n\nScientific name\nAcacia deuteroneura\nAcacia forsteri\nAcacia lumholtzii\nAllocasuarina rigida subsp. exsul\nAmblovenatum immersum\nAntrophyum austroqueenslandicum\nApatophyllum flavovirens\nAsplenium normale\nAustromuellera valida\nBackhousia hughesii\nBackhousia oligantha\nBackhousia tetraptera\nBergera crenulata\nBoronia grimshawii\nBrachychiton guymeri\nBrachychiton sp. (Ormeau L.H.Bird AQ435851)\nBruguiera × hainesii\nBubbia whiteana\nBulbophyllum windsorense\nBulbophyllum wolfei\nCalotis glabrescens\nCalyptochloa gracillima subsp. ipsviciensis\nCalyptochloa johnsoniana\nCassia sp. (Como P.Grimshaw+ G507)\nCeratopetalum corymbosum\nCinnamomum propinquum\nColeus fragrantissimus\nColeus insularis\nCommersonia beeronensis\nCommersonia inglewoodensis\nCommersonia pearnii\nCommersonia perkinsiana\nCorchorus thozetii\nCrepidomanes aphlebioides\nCroton lucens\nCroton mamillatus\nCrudia papuana\nCycas cupida\nCynometra roseiflora\nDecaspermum struckoilicum\nDigitaria basaltica\nDigitaria veldkampiana\nDiospyros areolifolia\nDiplazium squamuligerum\nDrosera buubugujin\nDryopteris wattsii\nElaeocarpus carbinensis\nEmbelia flueckigeri\nEmmenosperma pancherianum\nEriocaulon aloefolium\nEriocaulon giganticum\nEucalyptus argophloia\nEucalyptus dalveenica\nEucryphia jinksii\nEucryphia wilkiei\nFlindersia oppositifolia\nGarcinia russellii\nGastrodia crebriflora\nGoodenia arenicola\nGossia gonoclada\nGossia hillii\nGossia inophloia\nGossia lewisensis\nGossia punctata\nGrevillea hodgei\nGrevillea scortechinii subsp. scortechinii\nGymnema stramineum\nGyrostemon osmus\nHollandaea porphyrocarpa\nHomoranthus brevistylis\nHomoranthus coracinus\nHomoranthus inopinatus\nHomoranthus montanus\nHomoranthus papillatus\nHomoranthus tricolor\nHymenasplenium perriei\nHymenophyllum reinwardtii\nHymenophyllum whitei\nKunzea sericothrix\nKunzea truncata\nLeichhardtia araujacea\nLeionema ellipticum\nLenwebbia lasioclada\nLenwebbia sp. (Blackall Range P.R.Sharpe 5387)\nLenwebbia sp. (Main Range P.R.Sharpe+ 4877)\nLepidagathis royenii\nLobelia fontana\nLychnothamnus barbatus\nMacadamia jansenii\nMelaleuca lophocoracorum\nMelaleuca uxorum\nMitrantia bilocularis\nMusa jackeyi\nNicotiana wuttkei\nNotelaea x ipsviciensis\nOberonia attenuata\nOldenlandia tenelliflora var. papuana\nOlearia hygrophila\nOreogrammitis leonardii\nParapolystichum grayi\nParsonsia sankowskyana\nParsonsia wongabelensis\nPecteilis vatia\nPhlegmariurus creber\nPhlegmariurus dalhousieanus\nPhlegmariurus squarrosus\nPimelea fugiens\nPimelea leptospermoides subsp. bowmanni\nProstanthera albohirta\nProstanthera athertoniana\nProstanthera eungella\nProstanthera mulliganensis\nProstanthera tozerana\nPtilotus extenuatus\nPtilotus senarius\nRhodamnia angustifolia\nRhodamnia glabrescens\nRhodamnia longisepala\nRhodamnia maideniana\nRhodamnia pauciovulata\nRhodamnia rubescens\nRhodamnia spongiosa\nRhodomyrtus psidioides\nRistantia pachysperma\nRistantia waterhousei\nScleromitrion gibsonii\nSolanum adoxum\nSolanum angustum\nSolanum orgadophilum\nStyphelia malayana subsp. novoguineensis\nSyzygium fratris\nTrioncinia patens\nWendlandia psychotrioides\nWetria australiensis\nXylosma craynii\nZieria alata\nZieria cephalophila\nZieria eungellaensis\nZieria exsul\nZieria gymnocarpa\nZieria madida\nZieria montana\nZieria scopulus\nZieria vagans\nZieria wilhelminae\nsch 1 s 9 amd 2021 SL No. 36 s 54 ; 2021 SL No. 165 s 39 ; 2022 SL No. 37 s 33 ; 2022 SL No. 166 s 41 ; 2023 SL No. 77 s 37 ; 2023 SL No. 186 s 23 ; 2024 SL No. 196 s 52 ; 2025 SL No. 42 s 46 ; 2025 SL No. 154 s 11","sortOrder":342},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.10 Significance to nature and its value\n\nA plant that is critically endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.10-ssec.1) A plant that is critically endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\n(sch.1-sec.10-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":343},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.11 Proposed management intent\n\nThe proposed management intent for a plant that is critically endangered wildlife is—\nto establish and maintain a database of information about the plant and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the plant in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the plant and its habitat; and\nto work towards a national conservation status for the plant and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the plant or its habitat; and\nthe conservation of the plant and its habitat; and\nto regularly monitor and review the conservation status of the plant and its habitat; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\nto protect the critical habitat, or the areas of major interest, for the plant; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the plant; and\nif there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (a) to establish and maintain a database of information about the plant and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the plant in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the plant and its habitat; and (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the plant or its habitat; and (ii) the conservation of the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (g) to regularly monitor and review the conservation status of the plant and its habitat; and\n- (h) to encourage scientific research and inventory programs likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the plant; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.","sortOrder":344},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.12 Principles relating to proposed taking, keeping and use\n\nA plant that is critically endangered wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis consistent with the management principles for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is consistent with the management principles for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":345},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Endangered wildlife","content":"## Endangered wildlife","sortOrder":346},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Plants","content":"### sch.1-sec.13 Plants\n\nScientific name\nAcacia parvifoliolata\nAcacia pedleyi\nAcacia porcata\nAcacia pubifolia\nAcacia rubricola\nAcacia solenota\nAcianthus saxatilis\nAcronychia littoralis\nActephila bella\nAlectryon ramiflorus\nAlectryon repandodentatus\nAllocasuarina emuina\nAllocasuarina filidens\nAllocasuarina thalassoscopica\nAlsophila exilis\nAmomum queenslandicum\nApatophyllum olsenii\nAponogeton bullosus\nAponogeton lancesmithii\nAponogeton prolifer\nArchontophoenix myolensis\nArgophyllum ferrugineum\nArgophyllum palumense\nAristida forsteri\nAristida granitica\nAristida thompsonii\nArthraxon australiensis\nAstonia australiensis\nAstrotricha roddii\nAtalaya collina\nAuranticarpa edentata\nBerrya rotundifolia\nBertya granitica\nBertya recurvata\nBlandfordia grandiflora\nBoea kinnearii\nBoronia granitica\nBoronia repanda\nBubbia queenslandiana subsp. queenslandiana\nBuchanania mangoides\nBulbophyllum weinthalii subsp. striatum\nBursaria reevesii\nCaladenia atroclavia\nCallicarpa thozetii\nCalochilus psednus\nCalotis suffruticosa\nCamptacra perdita\nCapparis humistrata\nCarronia pedicellata\nCheilocostus potierae\nChingia australis\nChloris circumfontinalis\nCitrus inodora\nCoix gasteenii\nColeus acariformis\nColeus habrophyllus\nColeus nitidus\nColeus omissus\nColeus torrenticola\nComesperma anemosmaragdinum\nCommersonia leiperi\nCooktownia robertsii\nCorchorus cunninghamii\nCorunastylis tecta\nCossinia australiana\nCroton caudatus\nCroton magneticus\nCroton simulans\nCycas distans\nCycas megacarpa\nCycas ophiolitica\nCycas semota\nCymbonotus maidenii\nCyperus cephalotes\nDallwatsonia felliana\nDavidsonia johnsonii\nDendrobium antennatum\nDendrobium mirbelianum\nDendrobium nindii\nDenhamia megacarpa\nDienia flavovirens\nDienia lawleri\nDioclea hexandra\nDiplazium pallidum\nDiploglottis campbellii\nDipodium pandanum\nDissiliaria tuckeri\nDiuris curta\nDracophyllum sayeri\nDryopteris sparsa\nElaeocarpus thelmae\nEleocharis difformis\nEndiandra cooperana\nEndiandra wongawallanensis\nEriocaulon carsonii\nEryngium fontanum\nEucalyptus broviniensis\nEucalyptus conglomerata\nEucalyptus farinosa\nEucalyptus nudicaulis\nEucalyptus pachycalyx subsp. waajensis\nEucalyptus taurina\nEulophia zollingeri\nEuodia pubifolia\nEuphrasia bella\nFimbristylis adjuncta\nFimbristylis vagans\nFirmiana papuana\nFontainea fugax\nFreycinetia marginata\nGardenia actinocarpa\nGaultheria viridicarpa\nGlobba marantina\nGlochidion pruinosum\nGossia fragrantissima\nGraptophyllum reticulatum\nGrevillea linsmithii\nGrevillea venusta\nGunniopsis sp. (Edgbaston R.J.Fensham 5094)\nHabenaria macraithii\nHakea macrorrhyncha\nHedyotis novoguineensis\nHelicia grayi\nHelicia lewisensis\nHibbertia advena\nHomopholis belsonii\nHomoranthus zeteticorum\nHymenophyllum digitatum\nIpomoea saintronanensis\nIsachne sharpii\nJasminum jenniae\nKardomia silvestris\nKayea larnachiana\nLasiopetalum sp. (Proston J.A.Baker 17)\nLeionema beckleri\nLepisanthes senegalensis\nLeptospermum barneyense\nLepturus minutus\nLilaeopsis brisbanica\nLindsaea terrae-reginae\nLissanthe brevistyla\nLitsea granitica\nLivistona drudei\nLobelia fenshamii\nMacrozamia cranei\nMacrozamia lomandroides\nMacrozamia pauli-guilielmi\nMacrozamia platyrhachis\nMacrozamia serpentina\nMacrozamia viridis\nMallotus megadontus\nMelaleuca irbyana\nMelaleuca sylvana\nMicrocarpaea agonis\nMicromyrtus carinata\nMicromyrtus delicata\nMyrsine serpenticola\nNepenthes mirabilis (Bramston Beach population)\nNoahdendron nicholasii\nOchrosia moorei\nOlearia orientalis\nOreogrammitis albosetosa\nPakau pennigera\nParamapania parvibractea\nParsonsia largiflorens\nPaspalum multinodum\nPecteilis chlorosepala\nPecteilis exilis\nPecteilis harroldii\nPeristylus banfieldii\nPhaius australis\nPhaius bernaysii\nPhalaenopsis rosenstromii\nPhebalium distans\nPhilotheca sporadica\nPhlegmariurus carinatus\nPhlegmariurus pinifolius\nPicris conyzoides\nPimelea approximans\nPlanchonella eerwah\nPlesioneuron tuberculatum\nPluchea punctata\nPomaderris clivicola\nPomaderris coomingalensis\nProstanthera clotteniana\nPterostylis caligna\nPterostylis chaetophora\nPterostylis scoliosa\nPtilotus brachyanthus\nPtilotus uncinellus\nRandia moorei\nRhizanthella omissa\nRhodamnia arenaria\nRhodamnia dumicola\nRhodamnia sessiliflora\nRhodamnia whiteana\nRhodomyrtus canescens\nRhodomyrtus effusa\nRhodomyrtus pervagata\nRicinocarpos canianus\nRomnalda ophiopogonoides\nSalacistis ochroleuca\nSankowskya stipularis\nSarcochilus fitzgeraldii\nSarcochilus weinthalii\nSarcolobus vittatus\nSchoenorchis sarcophylla\nSolanum adenophorum\nSolanum dissectum\nSolanum elachophyllum\nSolanum graniticum\nSolanum johnsonianum\nSolanum mentiens\nSolanum papaverifolium\nSolanum stenopterum\nSolanum unispinum\nSowerbaea subtilis\nSphaeropteris felina\nSporobolus pamelae\nStackhousia sp. (McIvor River J.R.Clarkson 5201)\nStylidium elachophyllum\nStyphelia recurvisepala\nSymplocos crassiramifera\nSyzygium glenum\nTectaria devexa var. devexa\nToechima pterocarpum\nTorenia polygonoides\nTrioncinia retroflexa\nTriunia robusta\nUncaria cordata\nVincetoxicum forsteri\nVincetoxicum rupicola\nVincetoxicum woollsii\nVittadinia decora\nVrydagzynea grayi\nWestringia grandifolia\nXanthostemon formosus\nXerothamnella herbacea\nZieria bifida\nZieria fordii\nZieria graniticola\nZieria inexpectata\nsch 1 s 13 amd 2021 SL No. 36 s 55 ; 2021 SL No. 165 s 40 ; 2022 SL No. 37 s 34 ; 2022 SL No. 166 s 42 ; 2023 SL No. 77 s 38 ; 2023 SL No. 186 s 24 ; 2024 SL No. 196 s 53 ; 2025 SL No. 42 s 47 ; 2025 SL No. 154 s 12","sortOrder":347},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.14 Significance to nature and its value\n\nA plant that is endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.14-ssec.1) A plant that is endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\n(sch.1-sec.14-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":348},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.15 Proposed management intent\n\nThe proposed management intent for a plant that is endangered wildlife is—\nto establish and maintain a database of information about the plant and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the plant in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the plant and its habitat; and\nto work towards a national conservation status for the plant and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the plant or its habitat; and\nthe conservation of the plant and its habitat; and\nto regularly monitor and review the conservation status of the plant and its habitat; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\nto protect the critical habitat, or the areas of major interest, for the plant; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the plant; and\nif there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (a) to establish and maintain a database of information about the plant and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the plant in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the plant and its habitat; and (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the plant or its habitat; and (ii) the conservation of the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (g) to regularly monitor and review the conservation status of the plant and its habitat; and\n- (h) to encourage scientific research and inventory programs likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the plant; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.","sortOrder":349},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.16 Principles relating to proposed taking, keeping and use\n\nA plant that is endangered wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis consistent with the management principles for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is consistent with the management principles for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":350},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Vulnerable wildlife","content":"## Vulnerable wildlife","sortOrder":351},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Plants","content":"### sch.1-sec.17 Plants\n\nScientific name\nAcacia ammophila\nAcacia anadenia\nAcacia argentina\nAcacia argyrotricha\nAcacia attenuata\nAcacia baueri subsp. baueri\nAcacia castorum\nAcacia crombiei\nAcacia curranii\nAcacia eremophiloides\nAcacia handonis\nAcacia hockingsii\nAcacia homaloclada\nAcacia hylonoma\nAcacia islana\nAcacia lauta\nAcacia peuce\nAcacia saxicola\nAcacia sp. (Castletower N.Gibson TOI345)\nAcacia sp. (Ruined Castle Creek P.I.Forster+ PIF17848)\nAcacia tingoorensis\nAcacia torringtonensis\nAcalypha lyonsii\nAcmenosperma pringlei\nAcriopsis emarginata\nActephila championiae\nAggreflorum luehmannii\nActephila foetida\nAglaia argentea\nAlloxylon flammeum\nAmmannia robertsii\nAntrophyum subfalcatum\nApluda mutica\nAponogeton elongatus subsp. fluitans\nArchidendron kanisii\nArchidendron lovelliae\nArdisia fasciculata\nArenga australasica\nArgophyllum iridescens\nArgophyllum verae\nAristida annua\nArthraxon hispidus\nArundinella grevillensis\nAsplenium pellucidum\nAtriplex morrisii\nBaeckea trapeza\nBaloghia marmorata\nBanksia conferta\nBanksia plagiocarpa\nBarongia lophandra\nBertya calycina\nBertya ernestiana\nBertya glandulosa\nBertya pinifolia\nBlakella leptoloma\nBlakella petalophylla\nBlepharoglossum condylobulbon\nBogoria matutina\nBoronia keysii\nBorya inopinata\nBothriochloa bunyensis\nBrachyscome ascendens\nBreynia macrantha\nBryobium dischorense\nBryobium irukandjianum\nBubbia queenslandiana subsp. australis\nBuckinghamia ferruginiflora\nBulbophyllum argyropus\nBulbophyllum boonjee\nBulbophyllum gracillimum\nBulbophyllum grandimesense\nBulbophyllum longiflorum\nCadellia pentastylis\nCadetia collinsii\nCalamus aruensis\nCalamus warburgii\nCalocephalus glabratus\nCalophyllum bicolor\nCalytrix gurulmundensis\nCalytrix islensis\nCanarium acutifolium\nCapparis batianoffii\nCapparis thozetiana\nCassia marksiana\nCassinia collina\nCaustis blakei subsp. macrantha\nChiloglottis sphyrnoides\nCissus aristata\nClematis fawcettii\nColeus amoenus\nColeus eungellaensis\nColeus gratus\nColeus leiperi\nCombretum trifoliatum\nComesperma oblongatum\nComesperma praecelsum\nCoopernookia scabridiuscula\nCorchorus hygrophilus\nCorunastylis alticola\nCorunastylis cranei\nCorunastylis pedersonii\nCorunastylis valida\nCorybas montanus\nCorymbia clandestina\nCorymbia rhodops\nCorymbia xanthope\nCorynocarpus rupestris subsp. arborescens\nCrepidomanes majoriae\nCroton choristadenius\nCroton stockeri\nCryptocarya foetida\nCryptocarya glaucocarpa\nCtenopterella blechnoides\nCupaniopsis cooperorum\nCupaniopsis shirleyana\nCupaniopsis tomentella\nCycas brunnea\nCycas cairnsiana\nCycas couttsiana\nCycas desolata\nCycas platyphylla\nCycas silvestris\nCycas terryana\nCycas tuckeri\nCyclophyllum costatum\nCyperus clarus\nCyperus rupicola\nCyperus semifertilis\nDansiea grandiflora\nDaviesia discolor\nDendrobium bigibbum\nDendrobium callitrophilum\nDendrobium carronii\nDendrobium fellowsii\nDendrobium johannis\nDendrobium x superbiens\nDendromyza reinwardtiana\nDenhamia parvifolia\nDichanthium queenslandicum\nDienia fimbriata\nDinosperma longifolium\nDiplazium cordifolium\nDischidia littoralis\nDiuris parvipetala\nDodonaea hirsuta\nDodonaea rupicola\nDolichocarpa spathulata\nDrosera prolifera\nDrosera schizandra\nDrummondita calida\nDrynaria x dumicola\nDubouzetia saxatilis\nEleocharis retroflexa\nEndiandra anthropophagorum\nEndiandra grayi\nEndiandra hayesii\nEndiandra jonesii\nEndiandra phaeocarpa\nEragrostis fenshamii\nEremophila stenophylla\nEucalyptus beaniana\nEucalyptus dunnii\nEucalyptus hallii\nEucalyptus infera\nEucalyptus kabiana\nEucalyptus raveretiana\nEucalyptus scoparia\nEucalyptus sicilifolia\nEucalyptus sideroxylon subsp. improcera\nEucalyptus virens\nEulophia pelorica\nEuodia hylandii\nEuphorbia carissoides\nFawcettia tinosporoides\nFimbristylis distincta\nFimbristylis micans\nFloydia praealta\nFontainea australis\nFontainea rostrata\nFontainea venosa\nFreycinetia percostata\nGardenia psidioides\nGastrodia urceolata\nGaudium venustum\nGermainia capitata\nGlossocardia orthochaeta\nGonocarpus effusus\nGonocarpus hirtus\nGoodenia nocoleche\nGoodenia stirlingii\nGraptophyllum ilicifolium\nGrevillea glossadenia\nGrevillea hockingsii\nGrevillea kennedyana\nGrevillea quadricauda\nGymnostoma australianum\nHakea maconochieana\nHakea trineura\nHaloragis exalata subsp. velutina\nHardenbergia sp. (Mt Mulligan J.R.Clarkson 5775)\nHelicia ferruginea\nHemmantia webbii\nHexaspora pubescens\nHicksbeachia pinnatifolia\nHollandaea riparia\nHomoranthus cummingii\nHomoranthus decumbens\nHomoranthus porteri\nHomoranthus vagans\nHydnophytum ferrugineum\nHydriastele costata\nHydrocotyle dipleura\nHymenasplenium wildii\nHymenophyllum eboracense\nHymenophyllum gracilescens\nHymenophyllum kerianum\nHypserpa polyandra var. polyandra\nIndigofera oxyrachis\nIpomoea imperati\nKardomia granitica\nKunzea calida\nLagenophora fimbriata\nLasianthus hirsutus\nLasjia claudiensis\nLasjia grandis\nLastreopsis silvestris\nLastreopsis walleri\nLawrencia buchananensis\nLeichhardtia brevifolia\nLeichhardtia coronata\nLeichhardtia longiloba\nLeichhardtia paludicola\nLeichhardtia pumila\nLeichhardtia rara\nLeionema gracile\nLeionema obtusifolium\nLepiderema pulchella\nLeptospermum oreophilum\nLeuzea australis\nLivistona fulva\nLivistona lanuginosa\nLogania diffusa\nLomandra teres\nMacadamia integrifolia\nMacadamia ternifolia\nMacadamia tetraphylla\nMacropteranthes montana\nMacrozamia cardiacensis\nMacrozamia conferta\nMacrozamia crassifolia\nMacrozamia machinii\nMacrozamia occidua\nMacrozamia parcifolia\nMaundia triglochinoides\nMedicosma elliptica\nMedicosma obovata\nMelaleuca comosa\nMelaleuca kunzeoides\nMelaleuca williamsii\nMicromyrtus patula\nMicromyrtus rotundifolia\nMicromyrtus vernicosa\nMyriophyllum coronatum\nMyrmecodia beccarii\nNeisosperma kilneri\nNeoroepera buxifolia\nNewcastelia velutina\nNiemeyera whitei\nNotelaea lloydii\nNyssanthes impervia\nNyssanthes longistyla\nOberonia carnosa\nOchrosperma obovatum\nOmphalea celata\nOreogrammitis reinwardtii\nOwenia cepiodora\nOzothamnus eriocephalus\nOzothamnus vagans\nPachystoma pubescens\nParapolystichum tinarooense\nParsonsia bartlensis\nParsonsia kroombitensis\nParsonsia larcomensis\nParsonsia tenuis\nParsonsia wildensis\nPaspalidium grandispiculatum\nPaspalidium udum\nPecteilis euryloba\nPecteilis fuscina\nPeripentadenia phelpsii\nPersicaria elatior\nPhaius pictus\nPhaleria biflora\nPhebalium glandulosum subsp. eglandulosum\nPhebalium whitei\nPhilotheca acrolopha\nPhilotheca obovatifolia\nPhlegmariurus delbrueckii\nPhlegmariurus ledermannii\nPhlegmariurus lockyeri\nPhlegmariurus phlegmarioides\nPhlegmariurus tetrastichoides\nPhlegmariurus varius\nPhyllanthera grayi\nPhyllanthus brassii\nPhyllanthus sp. (Bulburin P.I.Forster+ PIF16034)\nPicris barbarorum\nPicris evae\nPimelea leptospermoides subsp. leptospermoides\nPluchea tenuis\nPodolepis monticola\nPolianthion minutiflorum\nPolyphlebium endlicherianum\nPolyscias bellendenkerensis\nPomaderris crassifolia\nPomaderris notata\nPomatocalpa marsupiale\nPrasophyllum wallum\nProstanthera spathulata\nProstanthera sp. (Dunmore D.M.Gordon 8A)\nPterostylis bicornis\nPultenaea setulosa\nPultenaea whiteana\nRhaphidospora bonneyana\nRhaphidospora cavernarum\nRhomboda polygonoides\nRicinocarpos speciosus\nRistantia gouldii\nRomnalda strobilacea\nRutidosis crispata\nSamadera bidwillii\nSamadera sp. (Kennedy River J.R.Clarkson 5645)\nSannantha papillosa\nSannantha tozerensis\nSarcochilus hartmannii\nSarcochilus hirticalcar\nScrotochloa tararaensis\nScrotochloa urceolata\nSecamone auriculata\nSenegalia pennata subsp. kerrii\nShonia carinata\nSolanum callium\nSolanum carduiforme\nSolanum dunalianum\nSolanum hamulosum\nSolanum lythrocarpum\nSophora fraseri\nSpathoglottis plicata\nSphaerantia chartacea\nSphaerantia discolor\nStenanthemum argenteum\nStenocarpus davallioides\nSticherus milnei\nStictocardia queenslandica\nStockwellia quadrifida\nStylidium longissimum\nSwainsona murrayana\nSymplocos baeuerlenii\nSymplocos graniticola\nSyzygium aqueum\nSyzygium hodgkinsoniae\nSyzygium macilwraithianum\nSyzygium moorei\nSyzygium rubrimolle\nSyzygium velarum\nTectaria siifolia\nTetramolopium ornans\nTetramolopium vagans\nThelasis carinata\nThelypteris confluens\nThesium australe\nTomophyllum walleri\nTrichoglottis australiensis\nTrigonostemon inopinatus\nTriplarina nitchaga\nTristiropsis acutangula\nUromyrtus lamingtonensis\nVanda hindsii\nWahlenbergia scopulicola\nWaterhousea mulgraveana\nWestringia parvifolia\nWestringia rupicola\nWestringia sericea\nXanthostemon graniticus\nXanthostemon oppositifolius\nXanthostemon verticillatus\nZieria actites\nZieria boolbunda\nZieria collina\nZieria hydroscopica\nZieria obovata\nZieria rimulosa\nZieria verrucosa\nsch 1 s 17 amd 2021 SL No. 36 s 56 ; 2021 SL No. 165 s 41 ; 2022 SL No. 37 s 35 ; 2022 SL No. 166 s 43 ; 2023 SL No. 77 s 39 ; 2023 SL No. 186 s 25 ; 2024 SL No. 196 s 54 ; 2025 SL No. 42 s 48 ; 2025 SL No. 154 s 13","sortOrder":352},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.18 Significance to nature and its value\n\nA plant that is vulnerable wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.18-ssec.1) A plant that is vulnerable wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\n(sch.1-sec.18-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":353},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.19 Proposed management intent\n\nThe proposed management intent for a plant that is vulnerable wildlife is—\nto establish and maintain a database of information about the plant and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the plant in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the plant and its habitat; and\nto work towards a national conservation status for the plant and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the plant or its habitat; and\nthe conservation of the plant and its habitat; and\nto regularly monitor and review the conservation status of the plant and its habitat; and\nto encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\nto protect the critical habitat, or the areas of major interest, for the plant; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the plant; and\nif there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (a) to establish and maintain a database of information about the plant and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the plant in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the plant and its habitat; and (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the plant or its habitat; and (ii) the conservation of the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (g) to regularly monitor and review the conservation status of the plant and its habitat; and\n- (h) to encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the plant; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) threatening processes to the plant or its habitat; and\n- (ii) the conservation of the plant and its habitat; and\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.","sortOrder":354},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.20 Principles relating to proposed taking, keeping and use\n\nA plant that is vulnerable wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis consistent with the management principles for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is consistent with the management principles for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":355},{"sectionNumber":"sch.1-pt.2-div.6","sectionType":"division","heading":"Near threatened wildlife","content":"## Near threatened wildlife","sortOrder":356},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Plants","content":"### sch.1-sec.21 Plants\n\nScientific name\nAcacia acrionastes\nAcacia arbiana\nAcacia armitii\nAcacia calantha\nAcacia grandifolia\nAcacia guymeri\nAcacia longipedunculata\nAcacia ommatosperma\nAcacia purpureopetala\nAcacia spania\nAcacia storyi\nAcacia wardellii\nAceratium ferrugineum\nAceratium sericoleopsis\nAcmena mackinnoniana\nAcronychia acuminata\nAcronychia eungellensis\nAcrotriche baileyana\nAgathis microstachya\nAggreflorum pallidum\nAgiortia cicatricata\nAglaia monticola\nAllocasuarina rupicola\nAlloxylon pinnatum\nAlpinia hylandii\nAlsophila cunninghamii\nAnacolosa australis\nAnoectochilus yatesiae\nAntrophyum plantagineum\nApatophyllum teretifolium\nAphyllorchis anomala\nAphyllorchis queenslandica\nAponogeton elongatus subsp. elongatus\nArdisia bakeri\nArgophyllum cryptophlebum\nArgophyllum curtum\nArgophyllum heterodontum\nArgyrodendron sp. (Boonjie B.P.Hyland RFK2139)\nArytera dictyoneura\nAustrobuxus megacarpus\nAustrocallerya pilipes\nAustromuellera trinervia\nBeilschmiedia castrisinensis\nBertya pedicellata\nBertya sharpeana\nBlakella scabrida\nBlechnum reticulatum\nBoronia amabilis\nBoronia rivularis\nBrachychiton compactus\nBrachychiton grandiflorus\nBrownlowia argentata\nBulbophyllum globuliforme\nBulbophyllum maxillare\nCadetia wariana\nCallitris baileyi\nCalochlaena villosa\nCarex breviscapa\nCecarria obtusifolia\nCeratopetalum macrophyllum\nCerbera dumicola\nChiloglottis longiclavata\nColeus blakei\nColeus minutus\nComesperma breviflorum\nCommersonia reticulata\nConospermum burgessiorum\nCorchorus subargenteus\nCorsia dispar\nCorunastylis sigmoidea\nCorybas abellianus\nCorybas cerasinus\nCroton brachypus\nCroton densivestitus\nCrudia abbreviata\nCryptandra ciliata\nCryptocarya floydii\nCucumis costatus\nCupaniopsis newmanii\nDactyliophora novae-guineae\nDansiea elliptica\nDaviesia quoquoversus\nDemorchis queenslandica\nDendrobium malbrownii\nDendrobium schneiderae var. schneiderae\nDianella incollata\nDidymoglossum mindorense\nDidymoplexis pallens\nDigitaria porrecta\nDiospyros granitica\nDiploglottis harpullioides\nDiploglottis pedleyi\nDipteris conjugata\nDiscaria pubescens\nDiteilis simmondsii\nDiuris oporina\nDockrillia wassellii\nDodonaea uncinata\nDolichandrone spathacea\nDonella lanceolata\nDrosera adelae\nDryopteris hasseltii\nDurringtonia paludosa\nEhretia microphylla\nEidothea zoexylocarya\nElaeocarpus coorangooloo\nElaphoglossum callifolium\nEndiandra bellendenkerana\nEndiandra globosa\nEndiandra microneura\nEremophila tetraptera\nEucalyptus codonocarpa\nEucalyptus curtisii\nEucalyptus decolor\nEucalyptus tereticornis subsp. rotunda\nEucosia umbrosa\nEulophia bicallosa\nEuphrasia orthocheila\nFicus melinocarpa var. hololampra\nFimbristylis carolinii\nFrankenia scabra\nGlochidion pungens\nGlycine argyrea\nGraptophyllum excelsum\nGrastidium tozerense\nHabenaria hymenophylla\nHelicia lewisensis\nHeliodendron xanthoxylon\nHeptapleurum bractescens\nHernandia bivalvis\nHibbertia cymosa\nHibbertia elata\nHibbertia hexandra\nHibbertia monticola\nHomoranthus tropicus\nHoya anulata\nHoya inconspicua\nHoya macgillivrayi\nHymenophyllum pallidum\nIpomoea antonschmidii\nJedda multicaulis\nKardomia squarrulosa\nLabichea brassii\nLastreopsis dissecta\nLeionema ambiens\nLenwebbia prominens\nLepiderema hirsuta\nLepiderema largiflorens\nLepturus geminatus\nLepturus xerophilus\nLinospadix palmerianus\nLitsea macrophylla\nLivistona concinna\nLivistona nitida\nLobelia membranacea\nMacarthuria complanata\nMacropteranthes leiocaulis\nMacrozamia longispina\nMammea touriga\nMargaritaria indica\nMedicosma glandulosa\nMegahertzia amplexicaulis\nMeiogyne hirsuta\nMelaleuca cheelii\nMelaleuca flavovirens\nMelaleuca formosa\nMelaleuca groveana\nMelaleuca pearsonii\nMezoneuron hymenocarpum\nMicrosorum membranifolium\nMirbelia confertiflora\nMischocarpus albescens\nMomordica sphaeroidea\nMuellerina myrtifolia\nNeosepicaea viticoides\nNeostrearia fleckeri\nNervilia crociformis\nNothoalsomitra suberosa\nOenanthe javanica\nOlearia heterocarpa\nPandanus zea\nPararistolochia praevenosa\nPecteilis rumphii\nPecteilis xanthantha\nPectinopitys ladei\nPeripentadenia mearsii\nPersoonia daphnoides\nPhylacium bracteosum\nPimelea umbratica\nPiper mestonii\nPittosporum oreillyanum\nPlanchonella xylocarpa\nPlectorrhiza beckleri\nPluchea alata\nPolyalthia submontana subsp. submontana\nPrasophyllum campestre\nPrasophyllum exilis\nPrasophyllum incompositum\nProstanthera petraea\nPseudanthus pauciflorus\nPseudolycopodiella limosa\nPseuduvaria hylandii\nPterostylis nigricans\nPterostylis setifera\nPterostylis sp. (Gundiah W.W.Abell AQ72188)\nPtilotus maconochiei\nRandia audasii\nReholttumia costata\nRemusatia vivipara\nRhodanthe rufescens\nRobiquetia wassellii\nRutidosis glandulosa\nRutidosis lanata\nRyparosa kurrangii\nSamadera baileyana\nSannantha brachypoda\nSarcopteryx montana\nScleromitrion polycladum\nSenegalia albizioides\nSolanum sporadotrichum\nSpathoglottis paulinae\nSphaeromorphaea major\nSphaeropteris celebica\nStackhousia tryonii\nSteganthera australiana\nSteganthera laxiflora subsp. lewisensis\nStemona angusta\nStenocarpus cryptocarpus\nSterculia shillinglawii subsp. shillinglawii\nStigmatodactylus sublestus\nStrongylodon lucidus\nStylidium trichopodum\nSymplocos ampulliformis\nSymplocos harroldii\nSymplocos oresbia\nSymplocos wooroonooran\nSynima heterophylla\nSyzygium buettnerianum\nTaeniophyllum confertum\nTaeniophyllum lobatum\nTecomanthe hillii\nThismia rodwayi\nTrachymene geraniifolia\nTrachymene glandulosa\nTristellateia australasiae\nWendlandia connata\nWestringia blakeana\nWhyanbeelia terrae-reginae\nWilkiea sp. (McDowall Range J.G.Tracey 14552)\nWodyetia bifurcata\nXanthophyllum fragrans\nXanthostemon arenarius\nXylosma ovata\nZieria adenodonta\nsch 1 s 21 amd 2021 SL No. 36 s 57 ; 2022 SL No. 37 s 36 ; 2022 SL No. 166 s 44 ; 2023 SL No. 77 s 40 ; 2023 SL No. 186 s 26 ; 2024 SL No. 196 s 55 ; 2025 SL No. 42 s 49 ; 2025 SL No. 154 s 14","sortOrder":357},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.22 Significance to nature and its value\n\nA plant that is near threatened wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.22-ssec.1) A plant that is near threatened wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\n(sch.1-sec.22-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":358},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.23 Proposed management intent\n\nThe proposed management intent for a plant that is near threatened wildlife is—\nto establish and maintain a database of information about the plant and its habitat; and\nto monitor and review the conservation status of the plant and its habitat; and\nto the extent practicable, to put into effect strategies to address any threats to the conservation of the plant; and\nto act to prevent the further population decline of the plant in the wild; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the plant and its habitat; and\nto work towards a national conservation status for the plant and its habitat; and\nto monitor and review information about the requirements for the conservation of the plant and its habitat; and\nto encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\nif a threatening process is affecting the plant to the extent that it is likely to become classified as extinct wildlife, extinct in the wild wildlife, critically endangered wildlife, endangered wildlife or vulnerable wildlife (each the new class of wildlife )—to manage the plant as if it were in the new class of wildlife until the plant is reclassified as a new class of wildlife; and\nto protect the critical habitat, or the areas of major interest, for the plant; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the plant; and\nif there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (a) to establish and maintain a database of information about the plant and its habitat; and\n- (b) to monitor and review the conservation status of the plant and its habitat; and\n- (c) to the extent practicable, to put into effect strategies to address any threats to the conservation of the plant; and\n- (d) to act to prevent the further population decline of the plant in the wild; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the plant and its habitat; and (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (f) to monitor and review information about the requirements for the conservation of the plant and its habitat; and\n- (g) to encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and\n- (h) if a threatening process is affecting the plant to the extent that it is likely to become classified as extinct wildlife, extinct in the wild wildlife, critically endangered wildlife, endangered wildlife or vulnerable wildlife (each the new class of wildlife )—to manage the plant as if it were in the new class of wildlife until the plant is reclassified as a new class of wildlife; and\n- (i) to protect the critical habitat, or the areas of major interest, for the plant; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.\n- (i) for the ongoing protection and management of the plant and its habitat; and\n- (ii) to work towards a national conservation status for the plant and its habitat; and\n- (i) accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the plant; and\n- (iii) if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.","sortOrder":359},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.24 Principles relating to proposed taking, keeping and use\n\nA plant that is vulnerable wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis consistent with the management principles for the plant; and\nis not likely to reduce the ability of the plant’s population to expand.\n- (a) is consistent with the management principles for the plant; and\n- (b) is not likely to reduce the ability of the plant’s population to expand.","sortOrder":360},{"sectionNumber":"sch.1-pt.2-div.7","sectionType":"division","heading":"Least concern wildlife","content":"## Least concern wildlife","sortOrder":361},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Plants","content":"### sch.1-sec.25 Plants\n\nA plant indigenous to Australia, other than a plant prescribed as another class of wildlife, is least concern wildlife.\nsch 1 s 25 amd 2021 SL No. 36 s 58","sortOrder":362},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.26 Significance to nature and its value\n\nA plant that is least concern wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\nWithout limiting subsection (1) , the plant represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.26-ssec.1) A plant that is least concern wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.\n(sch.1-sec.26-ssec.2) Without limiting subsection (1) , the plant represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":363},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.27 Proposed management intent\n\nThe proposed management intent for a plant that is least concern wildlife is—\nto monitor and review the conservation status of the plant; and\nto the extent practicable, to prepare and put into effect conservation plans or other instruments for the plant if—\nthe plant is of commercial, recreational, traditional or potential conservation interest; or\nthe chief executive considers the plant to be potentially vulnerable; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the plant or the Australian biota; and\nto incorporate into educational material and programs provided by the department, information about the plant’s contribution to Queensland’s and Australia’s biodiversity.\n- (a) to monitor and review the conservation status of the plant; and\n- (b) to the extent practicable, to prepare and put into effect conservation plans or other instruments for the plant if— (i) the plant is of commercial, recreational, traditional or potential conservation interest; or (ii) the chief executive considers the plant to be potentially vulnerable; and\n- (i) the plant is of commercial, recreational, traditional or potential conservation interest; or\n- (ii) the chief executive considers the plant to be potentially vulnerable; and\n- (c) to encourage scientific research and inventory programs likely to contribute to an understanding of the plant or the Australian biota; and\n- (d) to incorporate into educational material and programs provided by the department, information about the plant’s contribution to Queensland’s and Australia’s biodiversity.\n- (i) the plant is of commercial, recreational, traditional or potential conservation interest; or\n- (ii) the chief executive considers the plant to be potentially vulnerable; and","sortOrder":364},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.28 Principles relating to proposed taking, keeping and use\n\nA plant that is least concern wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use is consistent with the management principles for the plant.","sortOrder":365}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulation remains within the original, stated purpose: to classify plants by conservation status, manage their taking and use by a mix of exemptions and licensing, and to require survey, tagging and record systems to support conservation and traceability (see secs 11, 59). Recent amendments incorporated administrative refinements (authority management system notices, fee rounding, updated listing changes and procedural timeframes) and added or clarified operational details (e.g. alternative survey methodologies, demerit point rules), but these are administrative and implementation changes rather than a material expansion beyond the regulation’s original scope. The core trade‑offs — restricting wild take while permitting regulated, sustainable use and promoting propagation — remain the same (secs 59, 69–70, 106)."},"complexity_factors":["Multiple authority types and licensing streams: at least 5 distinct authority types (protected plant growing licence, protected plant harvesting licence, protected plant clearing permit, Aboriginal tradition authority, Ailan Kastom authority) with overlapping and distinct conditions (chs 4–5).","Extensive schedules listing species: schedule 1 alone lists hundreds of plant taxa across conservation classes (critically endangered, endangered, vulnerable, near threatened, etc.).","High degree of cross‑referencing to the Nature Conservation Act and other laws (Planning Act 2016, Fire Services Act 1990, Environmental Offsets Act 2014, Commonwealth EPBC Act) and to external instruments (flora survey trigger map, flora survey guidelines, plant authorities code).","Numerous nested conditions and exceptions (e.g. exemptions for clearing depend on whether area is in a high risk area and differ by actor; different timeframes apply—3, 5, 10, 12 years—for various exemptions; see secs 46–48, 54–56).","Multiple decision points and discretionary powers for the chief executive (grant, refuse, impose conditions, require plans, approve alternative methodologies, recall tags, amend/suspend/cancel authorities).","Complex record, tag and label regime with multi‑year retention and detailed content/format requirements, plus separate offences and penalty tiers (chs 8, secs 152–176; sec 145).","Interlocking procedural requirements: applications often require sustainable harvest plans, flora survey reports, or other prescribed documents; chief executive may request further verified information and timelines for responses are specific (secs 97–106, 105, 108).","Varied penalty structure and demerit point system with thresholds that affect suitability to hold authorities (secs 101–103, 145).","Transitional provisions and multiple amendment history items (2021–2025 amendments) that preserve or reframe prior authorisations and approvals, increasing interpretive complexity (chapter 12)."],"plain_english_summary":"**What this regulation does (straight to the point)**\n\n- Establishes a comprehensive licensing, exemption and compliance framework for taking, using, moving and trading protected plants in Queensland. (See chapter 4 for licences and authorities; chapter 3 for exemptions.)\n- Sets out which plants are in which conservation classes (extinct, critically endangered, endangered, vulnerable, near threatened, least concern) and the management intent for each class. (Schedule 1; chapter 2.)\n- Requires flora‑survey processes and a publicly maintained flora survey trigger map to identify “high risk areas” where threatened plants may occur before clearing. (Chapters 6 and 3, especially secs 135–141 and 46–49.)\n- Creates specific plant authorities (examples: protected plant growing licence, protected plant harvesting licence, protected plant clearing permit, Aboriginal tradition and Ailan Kastom authorities), the conditions that attach to them, and the decision process the chief executive must follow. (See chapters 4 and 5, secs 59–79 and 86–89.)\n- Imposes tagging, labelling and record‑keeping obligations for licenced harvesting, buying, selling and interstate/overseas movement of restricted plants to support traceability. (Chapter 8, secs 152–176 and 165–171.)\n- Sets enforcement and administrative tools: offences and penalties, demerit points, suspension/amendment/cancellation procedures, fee settings and fee exemptions. (Chapters 5, 7 and 9, e.g. secs 96, 101–106, 120–124, 145, 179–185.)\n\n**Who this affects**\n\n- Landholders and developers who clear vegetation or propose works that might disturb protected plants: they face flora survey obligations, potential clearing permits and limits if areas fall in a “high risk area”. (Secs 46–55, 141.)\n- Commercial growers, nurseries and plant traders: licences (growing/harvesting) are required to lawfully take, propagate or trade many restricted species; strict record, tag and label systems apply. (Chapters 4 and 8, e.g. secs 68–76, 152–156, 167–175.)\n- Indigenous corporations and communities: there are specialist authorities for activities carried out according to Aboriginal tradition and Ailan Kastom with particular eligibility rules. (Secs 90–95.)\n- Researchers, herbaria, conservation organisations and recreational plant societies: the regulation provides exemptions and concessional application fees for conservation, education and research uses, but still requires compliance with codes and record rules. (Secs 25, 180, 181–184, 39, 148.)\n- Contractors and maintenance crews (utilities, roads, plantations): prescribed exemptions exist for routine maintenance, firebreaks and certain authorised works but often subject to specified limits and survey/map checks. (Secs 24, 49–51.)\n\n**How it works, practically**\n\n- Licensing and approval path: apply in approved form, pay fee, provide information (often a sustainable harvest plan or a flora survey report where required). The chief executive decides within specified timeframes and may impose conditions or refuse. (Secs 97, 98, 105, 108.)\n- Risk‑based clearing: the flora survey trigger map marks high risk areas; if clearing touches a high risk area you must commission a flora survey and report complying with guidelines before clearing, otherwise different (lesser) steps apply. (Secs 135–141, 46–48.)\n- Traceability: authorised whole plants used for trade must carry tags; harvests and trades must be recorded and kept for minimum periods (usually 5 years). Records must be complete, legible and available to conservation officers. (Secs 165–176; 152–161.)\n- Exemptions: the regulation contains many narrowly framed exemptions (e.g. imminent risk to people or property, certain personal uses, conservation/revegetation on private land, fodder use, operational salvage, some fisheries activities) but usually requires compliance with a plant exemptions code. (Chapter 3, e.g. secs 22–24, 26–38, 44.)\n\n**Why it matters — incentives, costs and trade‑offs**\n\n- Incentives created\n  - Encourages sourcing plants from propagation and cultivation rather than wild harvest by authorising commercial cultivation under licence and by imposing tagging/recording on wild‑sourced material (sec 59; tags and records chapter 8). This changes supplier incentives toward nursery propagation.\n  - Grants exclusive or limited rights (licences, harvesting permits, tradition/ Ailan Kastom authorities) that concentrate benefits on licensed holders and particular Indigenous corporations (secs 68–78, 90–95). Limited licences can be valuable to holders.\n\n- Costs and compliance burden\n  - Substantial administrative and compliance costs for small operators: application fees, sustainable harvest plans, flora surveys in high risk areas, tagging/label costs, and multi‑year record retention (secs 97–106; 135–143; ch 8). Penalties for non‑compliance can be large (up to 165 penalty units for serious breaches — see sec 145 et seq.).\n  - Time and project risk for developers and land managers: flora survey obligations, trigger map checks, possible 3–12 month windows for particular exemptions and the need to produce reports can delay clearing and raise transaction costs (secs 46–48, 138, 141, 105). \n\n- Market and economic effects\n  - By restricting wild take and demanding traceability, supply of wild‑sourced restricted species is likely to fall; that may increase prices for legally available wild plants and create a premium for propagated stock. (Sec 59 aims to \"encourage greater reliance on obtaining whole protected plants or parts...from propagation or cultivation\".)\n  - Some recipients benefit disproportionately (licenced growers, permitted harvesters, and authorised Indigenous groups); compliance costs are broadly borne by many small operators and landholders.\n\n- Regulatory discretion, uncertainty and implementation risk\n  - The chief executive holds broad powers (grant/refuse, impose conditions, require or approve sustainable harvest plans, recall tags, amend or suspend authorities). That leeway helps adapt to conservation needs (secs 104, 108, 116, 120–124, 165–171) but raises regulatory uncertainty for businesses (timing, conditions, or retrospective amendments may affect commercial plans).\n  - The flora survey trigger map is updated at least annually by the department (sec 136). That is sensible for conservation but creates moving targets for developers and licence applicants.\n\n- Substitution effects and unintended consequences to watch for\n  - Shift from wild harvesting to propagation — good for conservation, but will raise costs for anyone seeking wild material and may create incentives for illicit trade if enforcement or traceability gaps exist (record/tagging obligations aim to reduce that risk; see ch 8). \n  - Possible concentration of market power where the regulator grants exclusive or limited rights to harvest certain species or places (sec 78 prohibits more than one harvesting licence for same species/place/time, which reduces overlap but can create exclusivity).\n\n**Key levers and red flags for users and decision‑makers**\n\n- Practical levers: sustainable harvest plans (secs 98, 106), harvest period notices (sec 130), flora survey guidelines and alternative survey approvals (secs 142–143), tags and labels (chs 8), and fee concessions or exemptions for conservation/Traditional Owner activities (secs 180–184).\n- Red flags: multiple penalties tiers (sec 145), heavy record keeping and tagging obligations (chs 8), significant chief executive discretion on approvals and conditions (secs 104, 108, 120–124), and survey/map dependency that can delay projects (chs 6 and 3).  \n\n**Where to look in the regulation for specific issues**\n\n- Licensing and conditions: chapters 4 and 5 (secs 59–83; 86–115)\n- Exemptions and plant exemptions code: chapter 3 (secs 21–57; see sec 146 for requirement to follow code)\n- Flora survey map and surveys: chapter 6 (secs 135–144)\n- Tags, labels and records (traceability): chapter 8 (secs 150–177)\n- Enforcement, amendments/suspensions and penalties: chapter 5 (secs 116–127) and chapter 7 (sec 145)\n- Lists of species and declared management intent: schedule 1 and schedule 3 (conservation values)\n\nThis is a rules‑based, risk‑focused regulatory regime that privileges traceability and ecological sustainability, while offering carve‑outs (exemptions and custom authorities) for safety, customary practice and defined low‑risk uses. The main trade‑offs are between conservation precaution (and associated administrative controls and monitoring) and the time, cost and flexibility of private land development and small commercial plant operators."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears to be consistent with its stated purpose: implementing the nature conservation framework for plants in Queensland under the Nature Conservation Act. It covers plant classification, exemptions, licensing, and associated compliance requirements as would be expected from a regulation of this type. No evidence of significant scope creep from the available text, though the truncated content prevents full assessment of all chapters."},"complexity_factors":["Multiple interconnected classification tiers for plants (7 conservation status categories), each with different rules","Large number of distinct exemptions with overlapping and nested conditions, requiring careful comparison to determine which applies","Cross-references to numerous other Queensland and Commonwealth laws (e.g., Vegetation Management Act 1999, Environmental Protection Act 1994, Fire Services Act 1990, Fisheries Act 1994, Mineral Resources Act 1989, EPBC Act, Planning Act 2016)","Distinction between 'taking' and 'using' plants, each with separate exemption frameworks","Highly technical definition of 'trade' with multiple subsections and examples creating edge cases","Complex definition of 'whole of plant' with different rules for different plant types (e.g., sandalwood, rhizomatous plants)","Flora survey trigger map and high risk area framework adds a geographic/spatial compliance layer requiring specialist knowledge","Different rules for private land vs State-related land vs protected areas","Licensing scheme with multiple licence types (growing, harvesting, clearing) each with different conditions and relevant person structures","Transitional provisions referencing repealed legislation (Nature Conservation (Wildlife Management) Regulation 2006)","Fee unit rounding provisions linked to the Acts Interpretation Act 1954","Indigenous authority provisions (Aboriginal tradition and Ailan Kastom) adding a distinct legal track","Content truncated — full regulation is substantially longer, with chapters on licensing, record-keeping, tags/labels, and schedules of species lists not fully analysed"],"plain_english_summary":"The Nature Conservation (Plants) Regulation 2020 controls how protected plants in Queensland may be taken, used, grown or traded. It affects landholders, businesses, hobbyists, researchers, Indigenous peoples, government and Defence, setting when licences are required, where exemptions apply, and when flora surveys must be done before clearing. The rulebook assigns financial conservation values and penalties for unauthorised activity — balancing species protection with farming, development, cultural practice and scientific use."},"kimi_summary":{"_metrics":{"completionTokens":526},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating the taking, keeping and use of protected plants in Queensland. The structure covers licensing, exemptions, record-keeping, and transitional arrangements as expected for this type of conservation regulation."},"complexity_factors":["Multiple overlapping licence types with different conditions and restrictions","Extensive cross-referencing to other legislation (Nature Conservation Act 1992, Planning Act 2016, Fire Services Act 1990, etc.)","Nested exemption provisions with multiple conditions and exceptions","Detailed record-keeping and tagging requirements with specific timeframes","Complex definitions including 'whole of plant', 'trade', 'relevant person', and 'controlled conditions'","Flora survey trigger maps and buffer zones with 100m default and variable agreements","Demerit point system for offences affecting licence suitability","Transitional provisions preserving rights under repealed regulations","Schedule-based species lists requiring regular updates","Conditional logic for clearing exemptions based on risk areas, time limits, and prior approvals"],"plain_english_summary":"This Queensland regulation protects native plants by controlling how they can be taken from the wild, kept, and used. It creates a licensing system with several types of permits:\n\n**Protected Plant Growing Licences** – for cultivating or propagating restricted plants (like nurseries growing native plants from seed or cuttings)\n\n**Protected Plant Harvesting Licences** – for taking plants from the wild for commercial or personal use\n\n**Protected Plant Clearing Permits** – for clearing land where protected plants grow, with special rules for threatened species\n\n**Aboriginal Tradition and Ailan Kastom Authorities** – for Indigenous communities to take plants for traditional purposes\n\nThe regulation also sets out **exemptions** where no licence is needed – for example, taking plants to avoid serious injury or property damage, for personal use, for scientific research, or for clearing under certain conditions.\n\nPlants are classified by conservation status: extinct, extinct in the wild, critically endangered, endangered, vulnerable, near threatened, and least concern. Stricter rules apply to rarer plants.\n\nKey requirements include:\n- Keeping detailed records of all plants bought, sold, or harvested\n- Attaching official tags to whole restricted plants used for trade\n- Following sustainable harvest plans for commercial operations\n- Getting approval before clearing in \"high risk areas\" where threatened plants may exist\n\nThe regulation aims to promote conservation while allowing sustainable commercial use and recognising Indigenous cultural practices."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-plants-regulation-2020","history":"/api/acts/nature-conservation-plants-regulation-2020/history","analysis":"/api/acts/nature-conservation-plants-regulation-2020/analysis","conflicts":"/api/acts/nature-conservation-plants-regulation-2020/conflicts","importantCases":"/api/acts/nature-conservation-plants-regulation-2020/important-cases","documents":"/api/acts/nature-conservation-plants-regulation-2020/documents"}}