sec.28Particular persons using protected plants for trade

sec.28 Particular persons using protected plants for trade

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.

• (a) the person lawfully obtains the plant other than by taking it; and
• (b) another exemption under this chapter does not apply to the person for using the plant.
• (a) is selling the plant; or
• (b) is giving away the plant if the plant is to be used for trade. Examples for paragraph (b) — • 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