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](/view/html/inforce/current/act-1979-203)), 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](/view/html/inforce/current/act-1979-203), or > > > > > > > (iii) a project approved under Part 3A of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (iv) State significant infrastructure approved under Division 5.2 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), 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](/view/html/inforce/current/act-1997-099), or > > > > > (d) if the act or omission was authorised by or under Part 2 of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) or the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164) and was reasonably necessary in order to avoid a threat to life or property. > > > (3) A person does not commit an offence under subclause (1)(b) if the person has in the person’s possession vegetation (including firewood) that was lawfully obtained from outside the park. > > > (4) A person does not commit an offence under this clause by using firewood— > > > > > (a) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or > > > > > (b) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park. > > > (5) Subclause (4)(b) does not permit a person to collect or use deadfalls of timber for firewood in contravention of a notice (as referred to in clause 6) or an oral direction (as referred to in clause 7). > > > (6) In this clause— > > > > vegetation means the whole or part of any tree, shrub, fern, creeper, vine, palm, plant or seed, whether alive or dead.