Nature Conservation (Plants) Regulation 2020
sec.45Least concern plants taken by clearing
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sec.45 Least concern plants taken by clearing
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.
- (a) the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or
- (b) the plant is used for a conservation purpose.
- (a) 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 Example for paragraph (a) — a special least concern plant used in a rehabilitation or revegetation activity
- (b) is given to a voluntary conservation organisation or volunteer community organisation.