71Native plants in wildlife refuges, conservation areas and certain wilderness areas

#### 71 Native plants in wildlife refuges, conservation areas and certain wilderness areas 71 Native plants in wildlife refuges, conservation areas and certain wilderness areas > > (1) A person shall not pick or have in the person’s possession any native plant within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement. > > > (2) A person shall not be convicted of an offence arising under subsection (1) if the person proves that the act constituting the offence was done, or the state of affairs constituting the offence existed— > > > > > (a) under and in accordance with or by virtue of the authority conferred by a licence issued under Division 3 of Part 9, a licence under Part 6 of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) or a licence issued under the [Forestry Act 2012](/view/html/inforce/current/act-2012-096), or > > > > > (b) in pursuance of a duty imposed on the person by or under any Act. > > > (3) A person, being an owner, lessee or occupier of any lands within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement, or a person authorised by such an owner, lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) in respect of the picking or the possession of a native plant (not being a plant of a threatened species) that is or was growing within those lands. > > > (3A) Subject to subsection (3B), a person shall not be convicted of an offence arising under this section if— > > > > > (a) the offence occurred with respect to a conservation area or area subject to a wilderness protection agreement, and > > > > > (b) the act or the state of affairs constituting the offence did not contravene the conservation agreement or wilderness protection agreement relating to the area. > > > (3B) Subsection (3A) does not extend to the damaging of critical habitat or the harming of threatened species, populations or ecological communities. > > > (4) The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1). > > **s 71:** Am 1983 No 183, Sch 3 (22); 1987 No 158, Sch 1 (8); 1987 No 197, Sch 1 (12); 1995 No 101, Sch 4 \[47\]–\[50\]; 2001 No 130, Sch 1 \[140\]; 2012 No 96, Sch 4.24 \[1\].