Nature Conservation (Plants) Regulation 2020
sec.96Restrictions on grant
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sec.96 Restrictions on grant
The chief executive must not grant a plant authority to an applicant for the authority if— for an applicant that is a corporation—the applicant does not have an office in the State; or a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or the applicant is not a suitable person to hold the authority; or See also part 2 , division 2 . for an application made using the authority management system—the applicant does not make a required declaration; or the activities proposed to be carried out under the authority are likely to adversely affect— the conservation of the native wildlife; or the ecological sustainability of any wildlife; or a plant to which the authority could apply has been unlawfully taken, kept or used; or for an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to— significantly reduce the local dugong population; or significantly harm dugong habitat. See also chapter 4 , parts 3 to 7 for other restrictions on the grant of particular plant authorities. In this section— dugong means an animal of the species Dugong dugon . dugong protection area means regulated waters under the Fisheries Declaration 2019 , chapter 2 with a name that includes either of the following terms— greater dugong protection area; dugong protection area. s 96 amd 2025 SL No. 125 s 38 (sec.96-ssec.1) The chief executive must not grant a plant authority to an applicant for the authority if— for an applicant that is a corporation—the applicant does not have an office in the State; or a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or the applicant is not a suitable person to hold the authority; or See also part 2 , division 2 . for an application made using the authority management system—the applicant does not make a required declaration; or the activities proposed to be carried out under the authority are likely to adversely affect— the conservation of the native wildlife; or the ecological sustainability of any wildlife; or a plant to which the authority could apply has been unlawfully taken, kept or used; or for an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to— significantly reduce the local dugong population; or significantly harm dugong habitat. See also chapter 4 , parts 3 to 7 for other restrictions on the grant of particular plant authorities. (sec.96-ssec.2) In this section— dugong means an animal of the species Dugong dugon . dugong protection area means regulated waters under the Fisheries Declaration 2019 , chapter 2 with a name that includes either of the following terms— greater dugong protection area; dugong protection area.
- (a) for an applicant that is a corporation—the applicant does not have an office in the State; or