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Queensland regulation
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Direct links to the current provisions in Nature Conservation (Plants) Regulation 2020.
This regulation may be cited as the Nature Conservation (Plants) Regulation 2020 .
This regulation commences on 22 August 2020.
The dictionary in schedule 5 defines particular words used in this regulation.
A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use. See also sections 41 (3) and 42 (2) . (sec.4-ssec.1) A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale (sec.4-ssec.2) Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. (sec.4-ssec.3) However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.
A relevant person , for the holder of a plant authority, is— for an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or for another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or for another authority if the holder is a corporation— the person in charge for the authority; or an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) . s 5 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 125 s 36
The whole of a plant includes the following— in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; in relation to taking a plant that propagates by creeping rhizomes— each continuous piece of rhizome bearing living fronds; and any removed section of joined rhizomes bearing living fronds; if the plant is sandalwood—the trunk, a log or timber of sandalwood; if a person divides the plant into 1 or more viable plants—each viable plant. However, the whole of a plant does not include an ungerminated seed. (sec.6-ssec.1) The whole of a plant includes the following— in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; in relation to taking a plant that propagates by creeping rhizomes— each continuous piece of rhizome bearing living fronds; and any removed section of joined rhizomes bearing living fronds; if the plant is sandalwood—the trunk, a log or timber of sandalwood; if a person divides the plant into 1 or more viable plants—each viable plant. (sec.6-ssec.2) However, the whole of a plant does not include an ungerminated seed.
In this regulation, a reference to a plant of a particular class is a reference to a plant that is prescribed as wildlife of that class by chapter 2 . A reference to a least concern plant is a reference to a plant that is prescribed as least concern wildlife by chapter 2 .
The scientific names used for plants mentioned in this regulation follow the names used in the most recent census of the Queensland flora and fungi— prepared by the Queensland Herbarium; and available on the Queensland Government Open Data Portal. The Queensland Government Open Data Portal is at www.data.qld.gov.au. s 8 sub 2023 SL No. 186 s 22
A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 . A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 . A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to— more than 1 plant; or plants of different types or species. (sec.9-ssec.1) A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 . A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 . (sec.9-ssec.2) A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to— more than 1 plant; or plants of different types or species.
This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards). s 9A ins 2022 SL No. 17 s 23 (sec.9A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. (sec.9A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).
Chapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area. This regulation does not otherwise apply in relation to a plant in a protected area. (sec.10-ssec.1) Chapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area. (sec.10-ssec.2) This regulation does not otherwise apply in relation to a plant in a protected area.
This chapter— prescribes classes of plants for part 5 , division 2 of the Act ; and provides for the declared management intent applying to each class of plant for section 72 (2) of the Act ; and prescribes special least concern plants for section 88D (1) of the Act ; and prescribes the conservation value for particular plants for section 95 of the Act .
The declared management intent applicable to a plant being managed as extinct wildlife is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 1 . See schedule 1 , section 3 (g) for circumstances in which a plant that is extinct wildlife is to be managed as if it were critically endangered wildlife.
For section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife. (sec.13-ssec.1) For section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife. (sec.13-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.
For section 78 of the Act , a plant mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 . (sec.14-ssec.1) For section 78 of the Act , a plant mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife. (sec.14-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 .
For section 78A of the Act , a plant mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 . (sec.15-ssec.1) For section 78A of the Act , a plant mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife. (sec.15-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 .
For section 78B of the Act , a plant mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 . (sec.16-ssec.1) For section 78B of the Act , a plant mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife. (sec.16-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 .
For section 79 of the Act , a plant mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 . See schedule 1 , section 23 (h) for circumstances in which a plant that is near threatened wildlife is to be managed as if it were another class of wildlife. (sec.17-ssec.1) For section 79 of the Act , a plant mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife. (sec.17-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 . See schedule 1 , section 23 (h) for circumstances in which a plant that is near threatened wildlife is to be managed as if it were another class of wildlife.
For section 80 of the Act , a plant mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 . (sec.18-ssec.1) For section 80 of the Act , a plant mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife. (sec.18-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 .
For section 88D (1) of the Act , a plant mentioned in schedule 2 is prescribed as a special least concern plant.
For section 95 (1) of the Act , an amount mentioned in schedule 3 , column 2 is prescribed as the conservation value for a protected plant in the class mentioned in schedule 3 , column 1 opposite the value.
A person has an exemption for section 89 (1) of the Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant. Chapter 4 provides for taking and using protected plants under a plant authority.
An exemption applies to a person who takes a protected plant that is in the wild if— the taking is necessary and reasonable to avoid or reduce an imminent risk of death or serious injury to a person; and the taking can not reasonably be avoided or minimised.
An exemption applies to a person who takes a protected plant that is in the wild if— the taking is necessary and reasonable to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property; and significant economic loss may be suffered by any person if the damage is not prevented or controlled; and the taking can not reasonably be avoided or minimised.
An exemption applies to a person who takes a protected plant that is in the wild if— the taking is, or is a necessary part of, a measure that is— authorised under the Fire Services Act 1990 , section 145F (1) (c) , 145G (3) or 149I (1) ; or required under section 145G (1) or 149I (2) (j) of that Act; or the taking is by a person lighting a fire that is— authorised under a notification under the Fire Services Act 1990 , section 145A or a permit granted under section 145C of that Act; and necessary as a means of fire hazard reduction. s 24 sub 2024 Act No. 22 s 92 sch 1
A person has an exemption for section 90 (1) of the Act to use a protected plant if this part states an exemption applies to the person for using the plant. Section 146 requires a person using a protected plant under an exemption in this part to comply with the plant exemptions code. Chapter 4 provides for taking and using protected plants under a plant authority.
An exemption applies to a landholder of private land who gains a benefit for allowing a person to take a protected plant from the landholder’s land if the taking is authorised under the Act .
An exemption applies to a person who uses a protected plant for the person’s own personal use if the person lawfully obtains the plant other than by taking it. A person buys a protected plant from a nursery for the person’s own personal use. An exemption applies to the holder of a protected plant licence, or a relevant person for the holder, who uses a protected plant taken under the licence for the holder’s own personal use. However, subsection (2) applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, only if the licence does not otherwise state the extent to which a plant may be used for personal use under the licence. An exemption applies to a person who moves a protected plant to or from any place within, inside or outside of the State for the person’s own personal use. (sec.27-ssec.1) An exemption applies to a person who uses a protected plant for the person’s own personal use if the person lawfully obtains the plant other than by taking it. A person buys a protected plant from a nursery for the person’s own personal use. (sec.27-ssec.2) An exemption applies to the holder of a protected plant licence, or a relevant person for the holder, who uses a protected plant taken under the licence for the holder’s own personal use. (sec.27-ssec.3) However, subsection (2) applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, only if the licence does not otherwise state the extent to which a plant may be used for personal use under the licence. (sec.27-ssec.4) An exemption applies to a person who moves a protected plant to or from any place within, inside or outside of the State for the person’s own personal use.
An exemption applies to a person who uses, for trade, a protected plant if— the person lawfully obtains the plant other than by taking it; and another exemption under this chapter does not apply to the person for using the plant. An exemption applies to the holder of a protected plant growing licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence unless the use of the plant— is selling the plant; or is giving away the plant if the plant is to be used for trade. giving away a plant taken under the licence to a person for selling the plant giving away a plant taken under the licence to a property developer for use in landscaping a property development giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants An exemption applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence only if the licence does not otherwise state the extent to which the plant may be used for trade under the licence. (sec.28-ssec.1) An exemption applies to a person who uses, for trade, a protected plant if— the person lawfully obtains the plant other than by taking it; and another exemption under this chapter does not apply to the person for using the plant. (sec.28-ssec.2) An exemption applies to the holder of a protected plant growing licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence unless the use of the plant— is selling the plant; or is giving away the plant if the plant is to be used for trade. giving away a plant taken under the licence to a person for selling the plant giving away a plant taken under the licence to a property developer for use in landscaping a property development giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants (sec.28-ssec.3) An exemption applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence only if the licence does not otherwise state the extent to which the plant may be used for trade under the licence.
An exemption applies to a person who uses a whole restricted plant if— the person— is the holder of a protected plant licence, or a relevant person for the holder; or is acting under another exemption stated in this chapter; and the person propagates the plant under controlled conditions— by using only reproductive or propagative material that was obtained lawfully; and for a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.
An exemption applies to a person who uses a part of a restricted plant if— the person— is the holder of a protected plant licence, or a relevant person for the holder; or is acting under another exemption under this chapter; and the person cultivates the part under controlled conditions using only reproductive or propagative material that was obtained lawfully.
A person has an exemption— for section 89 (1) of the Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant; and for section 90 (1) of the Act to use a protected plant if this part states an exemption applies to the person for using the plant. Section 146 requires a person taking or using a protected plant under an exemption in this part to comply with the plant exemptions code. Chapter 4 provides for taking and using protected plants under a plant authority.
An exemption applies to a person who takes and uses a least concern plant, other than a special least concern plant, if— the person takes the plant other than by clearing; and the person, when taking the plant, ensures the taking does not impact on a threatened plant or near threatened plant growing in close proximity to the plant; and the person’s primary reason for taking the plant is to use the plant.
An exemption applies to a person who takes or uses, other than for trade, a marine plant under the Fisheries Act 1994 if— the plant— is lawfully taken by the person under that Act; or is used by the person under that Act; and the plant is a special least concern plant; and for a plant that is taken by the person—the plant is taken primarily for using the plant.
An exemption applies to an employee of the Queensland Herbarium who takes and uses, other than for trade, a protected plant for the purposes for which the Queensland Herbarium was established. However, subsection (1) applies only if the plant is taken by the employee primarily for using the plant. (sec.34-ssec.1) An exemption applies to an employee of the Queensland Herbarium who takes and uses, other than for trade, a protected plant for the purposes for which the Queensland Herbarium was established. (sec.34-ssec.2) However, subsection (1) applies only if the plant is taken by the employee primarily for using the plant.
An exemption applies to a member of a unit of the Australian Defence Force who takes and uses, other than for trade, a near threatened plant or least concern plant for food for training members of the unit about survival in the wild if— the plant— is taken under a military standing order prepared for the unit; or is taken on private land with the permission of the landholder; or is taken under a permit or other approval under the Forestry Act 1959 ; and the plant is taken by the member primarily for using the plant for food for training. In this section— member , of a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth) , section 4 . military standing order means a standing order that— is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild. A copy of the military standing orders to which this section applies may be inspected at the department’s head office. (sec.35-ssec.1) An exemption applies to a member of a unit of the Australian Defence Force who takes and uses, other than for trade, a near threatened plant or least concern plant for food for training members of the unit about survival in the wild if— the plant— is taken under a military standing order prepared for the unit; or is taken on private land with the permission of the landholder; or is taken under a permit or other approval under the Forestry Act 1959 ; and the plant is taken by the member primarily for using the plant for food for training. (sec.35-ssec.2) In this section— member , of a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth) , section 4 . military standing order means a standing order that— is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild. A copy of the military standing orders to which this section applies may be inspected at the department’s head office.
An exemption applies to a landholder who takes and uses, other than for trade, a relevant plant if— the landholder takes the plant from the landholder’s land; and the landholder takes the plant primarily for using the plant in a conservation or revegetation program; and the landholder uses the plant in a conservation or revegetation program; and the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken. Without limiting subsection (1) (c) , using a relevant plant in a conservation or revegetation program includes propagating a seed or other propagative material of the plant at a place other than on the landholder’s land. For subsection (1) (d) , land is local to the landholder’s land if the land— is adjacent to the landholder’s land; or is included in a conservation or revegetation program that includes the landholder’s land. In this section— relevant plant means— a seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or a whole protected plant that is a near threatened plant or least concern plant. (sec.36-ssec.1) An exemption applies to a landholder who takes and uses, other than for trade, a relevant plant if— the landholder takes the plant from the landholder’s land; and the landholder takes the plant primarily for using the plant in a conservation or revegetation program; and the landholder uses the plant in a conservation or revegetation program; and the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken. (sec.36-ssec.2) Without limiting subsection (1) (c) , using a relevant plant in a conservation or revegetation program includes propagating a seed or other propagative material of the plant at a place other than on the landholder’s land. (sec.36-ssec.3) For subsection (1) (d) , land is local to the landholder’s land if the land— is adjacent to the landholder’s land; or is included in a conservation or revegetation program that includes the landholder’s land. (sec.36-ssec.4) In this section— relevant plant means— a seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or a whole protected plant that is a near threatened plant or least concern plant.
An exemption applies to a landholder of private land who takes and uses, other than for trade, a protected plant on the land if— the plant is consumed by stock grazing on the land; and the grazing is authorised or permitted under another law; and the plant is taken primarily for using the plant for grazing.
An exemption applies to a person who takes and uses, other than for trade, a protected plant on State-related land if— the plant is taken by the person’s stock grazing on the land under a lease, licence, permit or other authority, or an exemption, under another law; and the plant is taken primarily for using the plant for grazing.
An exemption applies to a person who takes and uses, other than for trade, up to 2 parts of a protected plant if— either— it is necessary for the plant to be identified for an identification purpose; or each part of the plant is taken and used for an educational or scientific purpose; and the part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a) ; and each part of the plant taken— is not more than would fit on a standard sheet of herbarium paper; or if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified. See also section 148 about dealing with parts of protected plants taken under this section. In this section— identification purpose means any of the following purposes— to enable the chief executive to grant a plant authority; to carry out a flora survey; to make a record that may be kept by the Queensland Herbarium; to carry out an environmental impact assessment study— under a condition of an approval by a government entity; or under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or otherwise under an Act. scientific purpose includes an anthropological, archaeological or sociological purpose. standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long. (sec.39-ssec.1) An exemption applies to a person who takes and uses, other than for trade, up to 2 parts of a protected plant if— either— it is necessary for the plant to be identified for an identification purpose; or each part of the plant is taken and used for an educational or scientific purpose; and the part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a) ; and each part of the plant taken— is not more than would fit on a standard sheet of herbarium paper; or if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i) —is not more than is necessary for the plant to be identified. See also section 148 about dealing with parts of protected plants taken under this section. (sec.39-ssec.2) In this section— identification purpose means any of the following purposes— to enable the chief executive to grant a plant authority; to carry out a flora survey; to make a record that may be kept by the Queensland Herbarium; to carry out an environmental impact assessment study— under a condition of an approval by a government entity; or under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or otherwise under an Act. scientific purpose includes an anthropological, archaeological or sociological purpose. standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long.
An exemption applies to a person who takes and uses a part of a protected plant, other than a critically endangered plant or endangered plant, if— the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and the person takes no more parts from a species of plant than the quantity of the parts that is stated for the species in the plant exemptions code; and the person’s primary reason for taking the part is to use the part. However, if the person takes a seed or other propagative material of a plant of the family Cycadaceae or Zamiaceae, the exemption applies— if the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or if the person is a member of a recreational plant society—for using the part of the plant for trade only if— the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant. (sec.40-ssec.1) An exemption applies to a person who takes and uses a part of a protected plant, other than a critically endangered plant or endangered plant, if— the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and the person takes no more parts from a species of plant than the quantity of the parts that is stated for the species in the plant exemptions code; and the person’s primary reason for taking the part is to use the part. (sec.40-ssec.2) However, if the person takes a seed or other propagative material of a plant of the family Cycadaceae or Zamiaceae, the exemption applies— if the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or if the person is a member of a recreational plant society—for using the part of the plant for trade only if— the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.
An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken and used for fodder for stock lawfully kept on the land; and the part is taken primarily for using the part for fodder. An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken in the course of an activity done— for fodder harvesting under the Vegetation Management Act 1999 ; or otherwise for the purpose of fodder for stock on the land; and the part is taken primarily for using the part for fodder. A landholder mentioned in subsection (1) or (2) does not use a part of a near threatened plant or least concern plant for trade merely because the landholder uses the part for a business of keeping stock on the land. (sec.41-ssec.1) An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken and used for fodder for stock lawfully kept on the land; and the part is taken primarily for using the part for fodder. (sec.41-ssec.2) An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if— the part is taken in the course of an activity done— for fodder harvesting under the Vegetation Management Act 1999 ; or otherwise for the purpose of fodder for stock on the land; and the part is taken primarily for using the part for fodder. (sec.41-ssec.3) A landholder mentioned in subsection (1) or (2) does not use a part of a near threatened plant or least concern plant for trade merely because the landholder uses the part for a business of keeping stock on the land.
An exemption applies to a person who takes and uses, other than for trade, a part of a near threatened plant or least concern plant on State-related land if— the part— is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and the part is taken primarily for using the part for fodder. The person does not use the part for trade merely because the person uses the part for a business of keeping stock on the land. (sec.42-ssec.1) An exemption applies to a person who takes and uses, other than for trade, a part of a near threatened plant or least concern plant on State-related land if— the part— is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999 ; and the part is taken primarily for using the part for fodder. (sec.42-ssec.2) The person does not use the part for trade merely because the person uses the part for a business of keeping stock on the land.
An exemption applies to a person who takes or uses, other than for trade, a part of a near threatened plant or least concern plant if— the person takes the part for the care of a sick, injured or orphaned protected animal; and the person— holds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or is a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936 ; or is acting under the direction of a person mentioned in subparagraph (ii) ; and the person’s primary reason for taking the part is to use the part for the care of a sick, injured or orphaned protected animal.
An exemption applies to a person who takes or uses a part of a protected plant if the part is taken by way of operational salvage of the part. For the meaning of the whole of sandalwood, see section 6 .
An exemption applies to a person who uses a least concern plant, other than a special least concern plant, taken by clearing under an exemption in this division. An exemption applies to a person who uses, other than for trade, a special least concern plant taken by clearing under an exemption in this division if— the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or the plant is used for a conservation purpose. For subsection (2) (b) , a special least concern plant is used for a conservation purpose if the plant— is used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat; or a special least concern plant used in a rehabilitation or revegetation activity is given to a voluntary conservation organisation or volunteer community organisation. (sec.45-ssec.1) An exemption applies to a person who uses a least concern plant, other than a special least concern plant, taken by clearing under an exemption in this division. (sec.45-ssec.2) An exemption applies to a person who uses, other than for trade, a special least concern plant taken by clearing under an exemption in this division if— the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or the plant is used for a conservation purpose. (sec.45-ssec.3) For subsection (2) (b) , a special least concern plant is used for a conservation purpose if the plant— is used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat; or a special least concern plant used in a rehabilitation or revegetation activity is given to a voluntary conservation organisation or volunteer community organisation.
An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if— the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement. In this section— environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required. relevant Act means any of the following laws— the Environmental Protection Act 1994 ; the State Development and Public Works Organisation Act 1971 ; the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . relevant project means a project for which an environmental impact statement is required under a relevant Act. relevant TOR date , for an environmental impact statement for a relevant project, means— for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project. (sec.46-ssec.1) An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area ) if— the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement. (sec.46-ssec.2) In this section— environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required. relevant Act means any of the following laws— the Environmental Protection Act 1994 ; the State Development and Public Works Organisation Act 1971 ; the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . relevant project means a project for which an environmental impact statement is required under a relevant Act. relevant TOR date , for an environmental impact statement for a relevant project, means— for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) —the day the EIS guidelines under that Act are given to the proponent for the relevant project; or for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.
An exemption applies to a person, other than a proponent mentioned in section 46 , who takes a protected plant in an area by clearing (the clearing area ) if— the person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and the flora survey trigger map shows the clearing area is not within a high risk area; and either— the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or the person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and the taking of the plant happens within 12 months after the day the person obtains or receives the copy of the flora survey trigger map.
An exemption applies to a person who takes a protected plant in an area within a high risk area by clearing (the clearing area ) if— the person prepares a flora survey report for the clearing impact area; and either— the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and the person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.
An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for any of the following maintenance activities for an existing land use of the area— routine maintenance of existing infrastructure; maintenance in the course of a plantation management activity on land that was previously lawfully cleared; maintenance in the course of a cropping activity on land that was previously lawfully cleared. In this section— cropping activity means an activity undertaken for the management of a cropping area, including site preparation, weed control, harvesting and harvest debris clearing. existing infrastructure means infrastructure that exists before a plant is taken under this section. existing land use , of an area, means a use of the land in the area that— is a lawful use of the land under another law; and is in existence before a plant is taken in the area under this section. plantation management activity means an activity undertaken for the management of a tree plantation, including site preparation, weed control, harvesting and harvest debris clearing. routine maintenance , of existing infrastructure, means maintenance— necessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or necessary to maintain transport infrastructure under the Transport Infrastructure Act 1994 ; or necessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose. core airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains slashing, mowing, pruning or trimming of plants (sec.49-ssec.1) An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for any of the following maintenance activities for an existing land use of the area— routine maintenance of existing infrastructure; maintenance in the course of a plantation management activity on land that was previously lawfully cleared; maintenance in the course of a cropping activity on land that was previously lawfully cleared. (sec.49-ssec.2) In this section— cropping activity means an activity undertaken for the management of a cropping area, including site preparation, weed control, harvesting and harvest debris clearing. existing infrastructure means infrastructure that exists before a plant is taken under this section. existing land use , of an area, means a use of the land in the area that— is a lawful use of the land under another law; and is in existence before a plant is taken in the area under this section. plantation management activity means an activity undertaken for the management of a tree plantation, including site preparation, weed control, harvesting and harvest debris clearing. routine maintenance , of existing infrastructure, means maintenance— necessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or necessary to maintain transport infrastructure under the Transport Infrastructure Act 1994 ; or necessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose. core airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains slashing, mowing, pruning or trimming of plants
An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for— establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following— 1.5 times the height of the tallest vegetation next to the infrastructure; 20m; or establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m. In this section— infrastructure includes a building, or other structure, built or used for any purpose. (sec.50-ssec.1) An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for— establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following— 1.5 times the height of the tallest vegetation next to the infrastructure; 20m; or establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m. (sec.50-ssec.2) In this section— infrastructure includes a building, or other structure, built or used for any purpose.
An exemption applies to a person who takes a protected plant in an area by clearing if the taking complies with the requirements applying to the area under— the accepted development vegetation clearing code for managing encroachment; or the accepted development vegetation clearing code for managing weeds. In this section— accepted development vegetation clearing code see the Vegetation Management Act 1999 , section 19O (1) and (2) . (sec.51-ssec.1) An exemption applies to a person who takes a protected plant in an area by clearing if the taking complies with the requirements applying to the area under— the accepted development vegetation clearing code for managing encroachment; or the accepted development vegetation clearing code for managing weeds. (sec.51-ssec.2) In this section— accepted development vegetation clearing code see the Vegetation Management Act 1999 , section 19O (1) and (2) .
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is assessed and authorised under another law in a way that is consistent with the protected plants assessment guidelines; and the taking is only to the extent authorised under the other law; and at least 7 days before the taking starts, the person gives the chief executive— notice of the taking; and a copy of the authorisation for the taking under the other law.
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is for the purpose of conservation only, and to the extent necessary, to achieve the purpose; and the taking causes disturbance to another protected plant only to the extent necessary to remove the plant being taken.
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is within an area from which the person has already taken plants under a protected plant clearing permit, whether or not the permit ended before the commencement; and the taking is only to the same extent as the taking that is or was authorised as lawful under the permit; and the taking happens within 10 years from the day the permit is granted.
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )— an exemption under section 48 ; an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZA ; and the taking is only to the same extent as the taking that is or was lawful under the first exemption; and the taking happens within 10 years from the day the person— for plants taken under an exemption mentioned in paragraph (a) (i) —prepared the flora survey report required for the exemption; or for plants taken under an exemption mentioned in paragraph (a) (ii) —gave the flora survey report required for the exemption.
An exemption applies to a person who takes a protected plant in an area by clearing if— the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption )— an exemption under section 52 ; an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 261ZF ; and the taking is only to the same extent as the taking that is or was lawful under the first exemption; and the taking happens within 10 years from the day the authorisation required for the first exemption was given to the person.
A person has an exemption for section 89 (1) of the Act to take a protected plant that is in the wild if the person takes the plant by clearing— in the course of an activity under— an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or a mining lease or petroleum lease granted before 31 March 2014; and in the way authorised under the authority, mining lease or petroleum lease. A person who takes a protected plant under subsection (1) has an exemption for section 90 (1) of the Act to use the plant. In this section— mining lease means a mining lease granted under the Mineral Resources Act 1989 . petroleum lease means a petroleum lease granted under the Petroleum Act 1923 . (sec.57-ssec.1) A person has an exemption for section 89 (1) of the Act to take a protected plant that is in the wild if the person takes the plant by clearing— in the course of an activity under— an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or a mining lease or petroleum lease granted before 31 March 2014; and in the way authorised under the authority, mining lease or petroleum lease. (sec.57-ssec.2) A person who takes a protected plant under subsection (1) has an exemption for section 90 (1) of the Act to use the plant. (sec.57-ssec.3) In this section— mining lease means a mining lease granted under the Mineral Resources Act 1989 . petroleum lease means a petroleum lease granted under the Petroleum Act 1923 .
A person has an exemption for section 90 (1) of the Act to use a protected plant that is a plant variety for which a PBR, or plant breeder’s right, has been granted under the Plant Breeder’s Rights Act 1994 (Cwlth) .
This chapter provides for a licensing scheme that authorises particular persons to take or use protected plants in particular circumstances— to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and to allow the ecologically sustainable use of protected plants taken from the wild; and to control processes threatening to protected plants; and to minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking, and the granting of plant authorities for, protected plants; and to encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and to minimise the potential for illegally taken protected plants to be used for any purpose. The licensing scheme mentioned in subsection (1) authorises the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and parts of protected plants in the wild. See part 5 , division 4 of the Act for offences prohibiting particular persons from carrying out activities in relation to protected plants in particular circumstances. See chapter 3 for activities that may be carried out by a person under an exemption whether or not the person holds a plant authority. See chapter 8 for requirements for records, tags and labels relating to protected plants. (sec.59-ssec.1) This chapter provides for a licensing scheme that authorises particular persons to take or use protected plants in particular circumstances— to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and to allow the ecologically sustainable use of protected plants taken from the wild; and to control processes threatening to protected plants; and to minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking, and the granting of plant authorities for, protected plants; and to encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and to minimise the potential for illegally taken protected plants to be used for any purpose. (sec.59-ssec.2) The licensing scheme mentioned in subsection (1) authorises the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and parts of protected plants in the wild.
This section applies if— a provision of this regulation (the regulation provision ) states what a holder of a plant authority, or a relevant person for the holder— may do under the authority; or must or must not do under the authority; or may do, or must do, on conditions under the authority; and a provision of a conservation plan (the conservation plan provision ) applying to an authorised plant for the authority is inconsistent with the regulation provision. Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency. (sec.60-ssec.1) This section applies if— a provision of this regulation (the regulation provision ) states what a holder of a plant authority, or a relevant person for the holder— may do under the authority; or must or must not do under the authority; or may do, or must do, on conditions under the authority; and a provision of a conservation plan (the conservation plan provision ) applying to an authorised plant for the authority is inconsistent with the regulation provision. (sec.60-ssec.2) Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.
Nothing in this chapter authorises the holder of a plant authority, or a relevant person for the holder, to keep or use a plant that was not lawfully obtained by the holder or relevant person. See sections 89 (4) and 90A of the Act for offences in relation to plants not lawfully taken. Part 5 , divisions 4 to 6 of the Act also contains other restrictions about keeping or using wildlife.
This division states conditions that apply to all plant authorities. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. This division does not limit any other condition the chief executive may impose on a plant authority. For the power of the chief executive to impose conditions on a plant authority, see section 108 . (sec.62-ssec.1) This division states conditions that apply to all plant authorities. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. (sec.62-ssec.2) This division does not limit any other condition the chief executive may impose on a plant authority. For the power of the chief executive to impose conditions on a plant authority, see section 108 .
The holder of a plant authority must, while carrying out an activity under the authority, have the authority, or a copy of the authority, available for inspection. The holder of a plant authority must ensure a relevant person carrying out an activity under the authority has a copy of the authority endorsed by the holder with the relevant person’s name and residential address available for inspection. (sec.63-ssec.1) The holder of a plant authority must, while carrying out an activity under the authority, have the authority, or a copy of the authority, available for inspection. (sec.63-ssec.2) The holder of a plant authority must ensure a relevant person carrying out an activity under the authority has a copy of the authority endorsed by the holder with the relevant person’s name and residential address available for inspection.
This section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder. However, this section does not apply if the holder is a child. Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change. s 64 sub 2025 SL No. 125 s 37 (sec.64-ssec.1) This section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder. (sec.64-ssec.2) However, this section does not apply if the holder is a child. (sec.64-ssec.3) Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.
This section applies if the holder of a plant authority changes, or proposes to change— the postal, residential or business address of the holder; or the licensed premises for the authority; or the name of the holder; or if the holder is a corporation—the person in charge for the authority. However, this section does not apply if, under section 64 , the holder has updated the holder’s information in the authority management system to reflect the change. Before, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change. For amending a plant authority by application, see section 117 . s 64A ins 2025 SL No. 125 s 37 (sec.64A-ssec.1) This section applies if the holder of a plant authority changes, or proposes to change— the postal, residential or business address of the holder; or the licensed premises for the authority; or the name of the holder; or if the holder is a corporation—the person in charge for the authority. (sec.64A-ssec.2) However, this section does not apply if, under section 64 , the holder has updated the holder’s information in the authority management system to reflect the change. (sec.64A-ssec.3) Before, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change. For amending a plant authority by application, see section 117 .
The holder of a plant authority, or a relevant person for the holder, must not buy, accept or receive an authorised plant from a person who is not authorised to sell or give away the plant under— the Act ; or a law of another State or the Commonwealth.
The holder of a plant authority, or a relevant person for the holder, must not sell or give away an authorised plant to a person who is not authorised to buy, accept or receive the plant under— the Act ; or a law of another State or the Commonwealth.
The holder of a plant authority, or a relevant person for the holder, must not take a restricted plant from a monitoring plot established under another holder’s protected plant harvesting licence.
Subject to sections 69 and 70 and chapter 5 , part 2 , the chief executive may grant a protected plant growing licence for— cultivating a restricted plant; or propagating a part of a restricted plant.
The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied— the proposed taking of the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied— there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant. Subsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan. The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 . (sec.69-ssec.1) The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied— the proposed taking of the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. (sec.69-ssec.2) The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied— there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant. (sec.69-ssec.3) Subsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan. (sec.69-ssec.4) The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 .
This section applies in relation to the following (each a relevant plant )— a critically endangered plant or endangered plant; a restricted plant of the family Cycadaceae; a restricted plant of the family Zamiaceae. The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take and use a seed or other propagative material from a relevant plant unless the chief executive is satisfied the holder, or a relevant person for the holder, is able to identify the plant. (sec.70-ssec.1) This section applies in relation to the following (each a relevant plant )— a critically endangered plant or endangered plant; a restricted plant of the family Cycadaceae; a restricted plant of the family Zamiaceae. (sec.70-ssec.2) The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take and use a seed or other propagative material from a relevant plant unless the chief executive is satisfied the holder, or a relevant person for the holder, is able to identify the plant.
The holder of a protected plant growing licence, or a relevant person for the holder, may carry out the following activities— take a part of an authorised plant for propagating the part under controlled conditions; take an authorised plant for cultivating the plant under controlled conditions. See also sections 27 to 30 about particular exemptions relating to restricted plants.
This division states conditions that apply to all protected plant growing licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. This division does not limit any other condition the chief executive may impose on a protected plant growing licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 . (sec.72-ssec.1) This division states conditions that apply to all protected plant growing licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. (sec.72-ssec.2) This division does not limit any other condition the chief executive may impose on a protected plant growing licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 .
The holder of a protected plant growing licence, or a relevant person for the holder, may take an authorised plant only in a way that— if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and digging an area of soil directly around a plant to enable the root base of the plant to be removed if the taking is by harvesting a part of the plant— does not result in the death of the plant from which the part is taken; and leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and complies with the plant authorities code.
This section applies if— the holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant. The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period. However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of operational salvage. s 74 amd 2022 SL No. 166 s 32 (sec.74-ssec.1) This section applies if— the holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant. (sec.74-ssec.2) The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period. (sec.74-ssec.3) However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of operational salvage.
The holder of a protected plant growing licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out activities under the licence.
The holder of a protected plant growing licence, or a relevant person for the holder, must not take an authorised plant for the purpose of— selling the plant; or giving away the plant if the plant is to be used for trade.
Subject to section 78 and chapter 5 , part 2 , the chief executive may grant a protected plant harvesting licence for a restricted plant.
The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation. The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period. The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied— the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the proposed way of taking the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. The chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant. The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence. However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage. s 78 amd 2022 SL No. 166 s 33 (sec.78-ssec.1) The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation. (sec.78-ssec.2) The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period. (sec.78-ssec.3) The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied— the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the proposed way of taking the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. (sec.78-ssec.4) The chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant. (sec.78-ssec.5) The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence. (sec.78-ssec.6) However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.
The holder of a protected plant harvesting licence, or a relevant person for the holder, may— take an authorised plant and use the plant to the extent stated in the licence; and take any whole authorised plant by way of contingent salvage. See also sections 27 and 28 about particular exemptions for using plants taken under a protected plant harvesting licence.
This division states conditions that apply to all protected plant harvesting licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. This division does not limit the conditions the chief executive may impose on a protected plant harvesting licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 . (sec.80-ssec.1) This division states conditions that apply to all protected plant harvesting licences. Failure to comply with a condition of a plant authority is an offence under section 145 . Also, under chapter 5 , part 5 , failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority. (sec.80-ssec.2) This division does not limit the conditions the chief executive may impose on a protected plant harvesting licence. For the power of the chief executive to impose conditions on a plant authority, see section 108 .
The holder of a protected plant harvesting licence, or a relevant person for the holder, may take an authorised plant only in a way that— if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and digging an area of soil directly around a plant to enable the root base of the plant to be removed if the taking is by harvesting a part of the plant— does not result in the death of the plant from which the part is taken; and leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and complies with the plant authorities code.
This section applies if— the holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant. The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period. However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of contingent salvage. s 82 amd 2022 SL No. 166 s 34 (sec.82-ssec.1) This section applies if— the holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and a harvest period is declared for the particular authorised plant. (sec.82-ssec.2) The holder, or a relevant person for the holder, may take the authorised plant under the licence only— during the harvest period; and by complying with the conditions stated in the harvest period notice for the harvest period. (sec.82-ssec.3) However, subsection (2) does not apply if— the authorised plant taken is a whole restricted plant; and the holder or relevant person takes the authorised plant under the licence by way of contingent salvage.
The holder of a protected plant harvesting licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out an activity under the licence to which the plan applies. s 83 amd 2022 SL No. 166 s 35
This section applies if— a protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and the chief executive imposes a research and monitoring condition on the licence. The holder must give the chief executive— within 1 month after a monitoring plot is established— a map, in electronic form or ink, showing the location of the plot; or a sketch, in ink, showing the location of the plot; and within 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot. In this section— required information , for a monitoring plot, means— details of the growth of the plants of each species in the plot measured as average height for— each stem of each plant from which a part of the plant was taken; and each plant designated when the plot was established as a plant from which parts are not to be taken; and details of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey. (sec.84-ssec.1) This section applies if— a protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and the chief executive imposes a research and monitoring condition on the licence. (sec.84-ssec.2) The holder must give the chief executive— within 1 month after a monitoring plot is established— a map, in electronic form or ink, showing the location of the plot; or a sketch, in ink, showing the location of the plot; and within 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot. (sec.84-ssec.3) In this section— required information , for a monitoring plot, means— details of the growth of the plants of each species in the plot measured as average height for— each stem of each plant from which a part of the plant was taken; and each plant designated when the plot was established as a plant from which parts are not to be taken; and details of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey.
This part provides for a protected plant clearing permit for taking, by clearing, protected plants, in particular threatened plants or near threatened plants, to ensure— areas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and any impacts on threatened plants or near threatened plants are managed. In this section— supporting habitat , for a protected plant, means the components, including other plants, of the habitat of the protected plant necessary for the plant’s survival at any stage of its life cycle and located within 100m of the plant. (sec.85-ssec.1) This part provides for a protected plant clearing permit for taking, by clearing, protected plants, in particular threatened plants or near threatened plants, to ensure— areas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and any impacts on threatened plants or near threatened plants are managed. (sec.85-ssec.2) In this section— supporting habitat , for a protected plant, means the components, including other plants, of the habitat of the protected plant necessary for the plant’s survival at any stage of its life cycle and located within 100m of the plant.
Subject to sections 87 and 88 and chapter 5 , part 2 , the chief executive may grant a protected plant clearing permit to take, by clearing, a protected plant in the wild for the use of the land on which the plant is taken.
The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied— the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the holder has given the chief executive— for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— any impacts the clearing is expected to have on the plant; and all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and the clearing is not likely to adversely affect the plant’s survival in the wild. However, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied— there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and the refusal of the permit would impede the provision of an essential community service; and the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) . (sec.87-ssec.1) The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied— the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the holder has given the chief executive— for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder has demonstrated— any impacts the clearing is expected to have on the plant; and all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and the clearing is not likely to adversely affect the plant’s survival in the wild. (sec.87-ssec.2) However, if the chief executive is not satisfied of the matters mentioned in subsection (1) (d) (iii) , the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied— there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and the refusal of the permit would impede the provision of an essential community service; and the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1) .
The chief executive may grant a protected plant clearing permit for taking, by clearing, a protected plant from an area identified under a regulation or conservation plan as, or including, a critical habitat or an area of major interest only if— the regulation or plan does not prohibit the granting of the permit; and the chief executive is satisfied the taking of the plant is not likely to have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area.
The holder of a protected plant clearing permit, or a relevant person for the holder, may carry out the following activities— take, by clearing, an authorised plant to the extent stated in the permit; use an authorised plant taken by clearing to the extent stated in the permit; otherwise clear all plants in an area to which the permit relates. This section does not limit— a protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or an exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit. (sec.89-ssec.1) The holder of a protected plant clearing permit, or a relevant person for the holder, may carry out the following activities— take, by clearing, an authorised plant to the extent stated in the permit; use an authorised plant taken by clearing to the extent stated in the permit; otherwise clear all plants in an area to which the permit relates. (sec.89-ssec.2) This section does not limit— a protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or an exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit.
Subject to section 91 and chapter 5 , part 2 , the chief executive may grant an Aboriginal tradition authority for a protected plant.
The chief executive must not grant an Aboriginal tradition authority for a protected plant to a person other than a corporation whose members represent a community or group of Aboriginal peoples particularly concerned with the land from where the plant is to be taken. The chief executive must not grant an Aboriginal tradition authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Aboriginal tradition. The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Aboriginal tradition authority represents as having authority to state the traditional significance of the protected plant. s 91 amd 2024 SL No. 196 s 63 sch 1 (sec.91-ssec.1) The chief executive must not grant an Aboriginal tradition authority for a protected plant to a person other than a corporation whose members represent a community or group of Aboriginal peoples particularly concerned with the land from where the plant is to be taken. (sec.91-ssec.2) The chief executive must not grant an Aboriginal tradition authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Aboriginal tradition. (sec.91-ssec.3) The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Aboriginal tradition authority represents as having authority to state the traditional significance of the protected plant.
The holder of an Aboriginal tradition authority, or a relevant person for the holder, may carry out the following activities— take, in accordance with Aboriginal tradition, an authorised plant from the place stated in the authority; use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted; use an authorised plant taken under the authority for the non-commercial communal needs of the holder.
Subject to section 94 and chapter 5 , part 2 , the chief executive may grant an Ailan Kastom authority for a protected plant. s 93 amd 2024 SL No. 196 s 63 sch 1
The chief executive must not grant an Ailan Kastom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islander peoples particularly concerned with the land from where the plant is to be taken. The chief executive must not grant an Ailan Kastom authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Ailan Kastom. The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Ailan Kastom authority represents as having authority to state the customary significance of the protected plant. s 94 amd 2024 SL No. 196 s 63 sch 1 (sec.94-ssec.1) The chief executive must not grant an Ailan Kastom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islander peoples particularly concerned with the land from where the plant is to be taken. (sec.94-ssec.2) The chief executive must not grant an Ailan Kastom authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Ailan Kastom. (sec.94-ssec.3) The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Ailan Kastom authority represents as having authority to state the customary significance of the protected plant.
The holder of an Ailan Kastom authority, or a relevant person for the holder, may carry out the following activities— take, in accordance with Ailan Kastom, an authorised plant from the place stated in the authority; use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted; use an authorised plant taken under the authority for the non-commercial communal needs of the holder. s 95 amd 2024 SL No. 196 s 63 sch 1
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Nature Conservation (Plants) Regulation 2020 .
This regulation commences on 22 August 2020.
The dictionary in schedule 5 defines particular words used in this regulation.
A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use. See also sections 41 (3) and 42 (2) . (sec.4-ssec.1) A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale (sec.4-ssec.2) Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. (sec.4-ssec.3) However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.
How it works, practically
Why it matters — incentives, costs and trade‑offs
Incentives created
Costs and compliance burden
Market and economic effects
Regulatory discretion, uncertainty and implementation risk
Substitution effects and unintended consequences to watch for
Key levers and red flags for users and decision‑makers
Where to look in the regulation for specific issues
This is a rules‑based, risk‑focused regulatory regime that privileges traceability and ecological sustainability, while offering carve‑outs (exemptions and custom authorities) for safety, customary practice and defined low‑risk uses. The main trade‑offs are between conservation precaution (and associated administrative controls and monitoring) and the time, cost and flexibility of private land development and small commercial plant operators.
A relevant person , for the holder of a plant authority, is— for an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or for another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or for another authority if the holder is a corporation— the person in charge for the authority; or an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) . s 5 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 125 s 36
The whole of a plant includes the following— in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; in relation to taking a plant that propagates by creeping rhizomes— each continuous piece of rhizome bearing living fronds; and any removed section of joined rhizomes bearing living fronds; if the plant is sandalwood—the trunk, a log or timber of sandalwood; if a person divides the plant into 1 or more viable plants—each viable plant. However, the whole of a plant does not include an ungerminated seed. (sec.6-ssec.1) The whole of a plant includes the following— in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; in relation to taking a plant that propagates by creeping rhizomes— each continuous piece of rhizome bearing living fronds; and any removed section of joined rhizomes bearing living fronds; if the plant is sandalwood—the trunk, a log or timber of sandalwood; if a person divides the plant into 1 or more viable plants—each viable plant. (sec.6-ssec.2) However, the whole of a plant does not include an ungerminated seed.
In this regulation, a reference to a plant of a particular class is a reference to a plant that is prescribed as wildlife of that class by chapter 2 . A reference to a least concern plant is a reference to a plant that is prescribed as least concern wildlife by chapter 2 .
The scientific names used for plants mentioned in this regulation follow the names used in the most recent census of the Queensland flora and fungi— prepared by the Queensland Herbarium; and available on the Queensland Government Open Data Portal. The Queensland Government Open Data Portal is at www.data.qld.gov.au. s 8 sub 2023 SL No. 186 s 22
A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 . A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 . A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to— more than 1 plant; or plants of different types or species. (sec.9-ssec.1) A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5 . A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5 . (sec.9-ssec.2) A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to— more than 1 plant; or plants of different types or species.
This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards). s 9A ins 2022 SL No. 17 s 23 (sec.9A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. (sec.9A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).
Chapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area. This regulation does not otherwise apply in relation to a plant in a protected area. (sec.10-ssec.1) Chapter 2 , parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area. (sec.10-ssec.2) This regulation does not otherwise apply in relation to a plant in a protected area.
This chapter— prescribes classes of plants for part 5 , division 2 of the Act ; and provides for the declared management intent applying to each class of plant for section 72 (2) of the Act ; and prescribes special least concern plants for section 88D (1) of the Act ; and prescribes the conservation value for particular plants for section 95 of the Act .
The declared management intent applicable to a plant being managed as extinct wildlife is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 1 . See schedule 1 , section 3 (g) for circumstances in which a plant that is extinct wildlife is to be managed as if it were critically endangered wildlife.
For section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife. The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife. (sec.13-ssec.1) For section 77 of the Act , a plant mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife. (sec.13-ssec.2) The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 7 (g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were cri
This is an opening excerpt, not the complete document.