sec.89Restriction on taking etc. particular protected plants

### sec.89 Restriction on taking etc. particular protected plants Subject to section 93 , a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under— a conservation plan applicable to the plant; or a licence, permit or other authority issued or given under a regulation; or an exemption under a regulation. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units. Subsection (1) does not apply to the taking of protected plants in a protected area. It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided. A person must not use or keep a protected plant that has been taken in contravention of subsection (1) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units. In this section— class 1 offence means an offence against this section that involves— 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more plants that are vulnerable or near threatened wildlife; or 10 or more plants that are special least concern wildlife. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 plants that are vulnerable or near threatened wildlife; or 4 or more, but no more than 9, plants that are special least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 plants that are vulnerable or near threatened wildlife; or 2 or 3 plants that are special least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence. s 89 amd 1994 No. 42 s 18 ; 2000 No. 44 s 27 ; 2003 No. 96 s 28 sch ; 2004 No. 14 s 8 ; 2005 No. 53 s 138 ; 2007 No. 56 s 36 ; 2010 No. 52 s 34 ; 2013 No. 50 s 9 ; 2019 No. 28 s 34 (sec.89-ssec.1) Subject to section 93 , a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under— a conservation plan applicable to the plant; or a licence, permit or other authority issued or given under a regulation; or an exemption under a regulation. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units. (sec.89-ssec.2) Subsection (1) does not apply to the taking of protected plants in a protected area. (sec.89-ssec.3) It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided. (sec.89-ssec.4) A person must not use or keep a protected plant that has been taken in contravention of subsection (1) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units. (sec.89-ssec.5) In this section— class 1 offence means an offence against this section that involves— 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more plants that are vulnerable or near threatened wildlife; or 10 or more plants that are special least concern wildlife. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 plants that are vulnerable or near threatened wildlife; or 4 or more, but no more than 9, plants that are special least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 plants that are vulnerable or near threatened wildlife; or 2 or 3 plants that are special least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence. - (a) a conservation plan applicable to the plant; or - (b) a licence, permit or other authority issued or given under a regulation; or - (c) an exemption under a regulation. - (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or - (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or - (c) for a class 3 offence—225 penalty units; or - (d) for a class 4 offence—165 penalty units. - (a) the taking happened in the course of a lawful activity that was not directed towards the taking; and - (b) the taking could not have been reasonably avoided. - (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or - (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or - (c) for a class 3 offence—225 penalty units; or - (d) for a class 4 offence—165 penalty units. - (a) 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or - (b) 5 or more plants that are vulnerable or near threatened wildlife; or - (c) 10 or more plants that are special least concern wildlife. - (a) 3 or 4 plants that are vulnerable or near threatened wildlife; or - (b) 4 or more, but no more than 9, plants that are special least concern wildlife. - (a) 1 or 2 plants that are vulnerable or near threatened wildlife; or - (b) 2 or 3 plants that are special least concern wildlife.