21Protection of vegetation

21 Protection of vegetation

21 Protection of vegetation

(1) A person must not—

(a) gather, pluck, pull up, poison, take, dig up, cut, fell, remove, damage or destroy any vegetation in a park, or

(b) have any vegetation in the person’s possession in a park, whether for removal or otherwise, or

(c) introduce any vegetation into a park.

Maximum penalty—30 penalty units.

(2) A person does not commit an offence under this clause for anything done or omitted to be done—

(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or

(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of—

(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or

(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979, or

(iii) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or

(iv) State significant infrastructure approved under Division 5.2 of Part 5 of the Environmental Planning and Assessment Act 1979, or

(c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the Snowy Hydro Corporatisation Act 1997, or

(d) if the act or omission was authorised by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the and was reasonably necessary in order to avoid a threat to life or property.