sec.78Restrictions on grant

sec.78 Restrictions on grant

The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation. The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period. The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied— the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the proposed way of taking 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 harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant. The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence. However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage. s 78 amd 2022 SL No. 166 s 33 (sec.78-ssec.1) The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation. (sec.78-ssec.2) The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period. (sec.78-ssec.3) The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied— the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and the proposed way of taking 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.78-ssec.4) The chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant. (sec.78-ssec.5) The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence. (sec.78-ssec.6) However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.