47Offence to take restricted use protected flora

47 Offence to take restricted use protected flora (1) A person must not take, trade in, keep, move or process a restricted use protected flora for the purposes of sale or personal use, unless an exception in subsection (2) applies. (b) if the member of the restricted use protected flora was taken from private land, the person— (i) is the landowner or a person given permission by the landowner to take the member; and (ii) did not take the member for the purposes of sale or has not sold or offered the member for sale; (c) the member of the restricted use protected flora was propagated from another member of the restricted use protected flora which had been lawfully obtained and kept. S. 47A inserted by No. 28/2019 s. 22. 47A Offence to take restricted use protected flora which causes significant detrimental impact on restricted use protected flora (1) A person must not take, trade in, keep, move or process a member of a restricted use protected flora for the purposes of sale or personal use if that activity causes or is likely to cause a significant detrimental impact on the restricted use protected flora, unless an exception in subsection (2) applies. Section 3(4) sets out factors that are to be taken into account in deciding whether an activity has caused or is likely to cause a significant detrimental impact on a member of restricted use protected flora. (2) For the purposes of subsection (1) the exceptions are as follows— (b) if the member of the restricted use protected flora was taken from private land, the person— (i) is the landowner or a person given permission by the landowner to take the member; and (ii) did not take the member for the purposes of sale or has not sold or offered the member for sale; (c) the member of the restricted use protected flora was propagated from another member of the restricted use protected flora which had been lawfully obtained and kept; (d) the person has accidentally taken the member of the restricted use protected flora despite exercising reasonable care not to take the member. S. 47B inserted by No. 28/2019 s. 22.