Nature Conservation (Plants) Regulation 2020
sec.145Compliance with conditions of plant authority
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sec.145 Compliance with conditions of plant authority
The holder of a plant authority must comply with the conditions of the authority applying to the holder unless the holder has a reasonable excuse. Maximum penalty— for failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or for failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65 , 66 or 84 —165 penalty units; or otherwise—80 penalty units. For subsection (1) , the holder is taken to comply with a condition of the plant authority if a relevant person for the holder complies with the condition for the holder. A relevant person for the holder of a plant authority must comply with the conditions of the authority applying to the person unless the person has a reasonable excuse. Maximum penalty— for a failure to comply with a licence condition—165 penalty units; or otherwise—80 penalty units. It is a defence to a prosecution for an offence against subsection (1) or (3) relating to the death of a protected plant from which a part of the plant was taken if the defendant establishes that the defendant complied with the plant authorities code when taking the part of the plant. See sections 73 and 81 for conditions about the death of protected plants. In this section— licence condition means a condition mentioned in section 73 , 74 , 75 , 76 , 81 , 82 or 83 . (sec.145-ssec.1) The holder of a plant authority must comply with the conditions of the authority applying to the holder unless the holder has a reasonable excuse. Maximum penalty— for failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or for failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65 , 66 or 84 —165 penalty units; or otherwise—80 penalty units. (sec.145-ssec.2) For subsection (1) , the holder is taken to comply with a condition of the plant authority if a relevant person for the holder complies with the condition for the holder. (sec.145-ssec.3) A relevant person for the holder of a plant authority must comply with the conditions of the authority applying to the person unless the person has a reasonable excuse. Maximum penalty— for a failure to comply with a licence condition—165 penalty units; or otherwise—80 penalty units. (sec.145-ssec.4) It is a defence to a prosecution for an offence against subsection (1) or (3) relating to the death of a protected plant from which a part of the plant was taken if the defendant establishes that the defendant complied with the plant authorities code when taking the part of the plant. See sections 73 and 81 for conditions about the death of protected plants. (sec.145-ssec.5) In this section— licence condition means a condition mentioned in section 73 , 74 , 75 , 76 , 81 , 82 or 83 .
- (a) for failure to comply with a condition mentioned in section 63 or 64 —20 penalty units; or