46Declaration of flora to be protected flora

46 Declaration of flora to be protected flora (1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette declare a taxon of flora to be protected. (2) A declaration of a taxon of flora under subsection (1) may provide that the flora is declared to be protected and subject to a restriction on use. (3) The Minister may recommend that a taxon of flora be declared under subsection (1) if the Minister is satisfied that the taxon must be declared to be protected for any one or more of the following reasons— (a) to ensure the taxon survives and retains its capacity to adapt to environmental change; (b) to ensure the use of the taxon is sustainable; (c) to manage risks to the taxon; (d) to ensure genetic diversity of the taxon is maintained. (4) The Minister may recommend, as part of a recommendation made under subsection (3), that a taxon of flora be declared to be protected and that the taxon is subject to a restriction on use if the Minister is of the opinion that unrestricted commercial or personal use of the members of the taxon has the potential to be ecologically unsustainable. S. 46A inserted by No. 28/2019 s. 21.