sec.40Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval

sec.40 Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval

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.

• (a) the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and
• (b) 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
• (c) the person’s primary reason for taking the part is to use the part.
• (a) 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