sec.69General restrictions on grant

sec.69 General restrictions on grant

The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied— the proposed taking of the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied— there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant. Subsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan. The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 . (sec.69-ssec.1) The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied— the proposed taking of the plant is ecologically sustainable; and the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and the proposed way of taking the plant complies with the protected plants assessment guidelines. (sec.69-ssec.2) The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied— there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant. (sec.69-ssec.3) Subsection (4) applies if the chief executive requires, under section 98 , an application for a protected plant growing licence to be accompanied by a sustainable harvest plan. (sec.69-ssec.4) The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106 .

• (a) the proposed taking of the plant is ecologically sustainable; and
• (b) the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and
• (c) the proposed way of taking the plant complies with the protected plants assessment guidelines.