47COffence to take other protected flora which causes significant detrimental impact to the relevant taxon or community

47C Offence to take other protected flora which causes significant detrimental impact to the relevant taxon or community (1) A person must not take, trade in, keep, move or process protected flora (other than a member of restricted use protected flora) if that activity has caused or is likely to cause a significant detrimental impact on the taxon of flora or community of flora or fauna of which the protected flora is a member or part, unless an exception in subsection (2) applies. Penalty: In the case of a natural person, 240 penalty units or 2 years imprisonment or both; 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 protected flora. (b) if the protected flora were taken from private land, the person— (i) is the landowner or a person given permission by the landowner to take the protected flora; and (ii) did not take the protected flora for the purposes of sale or has not sold or offered the protected flora for sale; (c) the protected flora were propagated from protected flora which had been lawfully obtained and kept; (d) the person has accidentally taken the protected flora despite exercising reasonable care not to take the protected flora; (e) the person is a public authority that is carrying out an activity referred to in subsection (1) in accordance with a public authority management agreement that provides for the carrying out of that activity. S. 48 amended by No. 76/1998 s. 9(i), substituted by No. 28/2019 s. 23.