Nature Conservation (Plants) Regulation 2020
sec.175Label for particular restricted plants sold, exchanged or given away, or moved, outside State
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sec.175 Label for particular restricted plants sold, exchanged or given away, or moved, outside State
This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— uses a restricted plant for trade by moving the plant to a place outside the State; or uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward. Before the restricted plant is used in the way mentioned in subsection (1) , the holder or relevant person must, unless the holder or person has a reasonable excuse, mark or label a container containing the plant with the following words— if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; otherwise— ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’. Maximum penalty—120 penalty units. (sec.175-ssec.1) This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— uses a restricted plant for trade by moving the plant to a place outside the State; or uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward. (sec.175-ssec.2) Before the restricted plant is used in the way mentioned in subsection (1) , the holder or relevant person must, unless the holder or person has a reasonable excuse, mark or label a container containing the plant with the following words— if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; otherwise— ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’. Maximum penalty—120 penalty units.
- (a) uses a restricted plant for trade by moving the plant to a place outside the State; or
- (b) uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward.
- (a) if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3 , part 3 —‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’;
- (b) otherwise— (i) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and (ii) ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’.