Native Plants Protection Act of 1930 (21 Geo v No. 41) (Qld)

13058 MINING-NATIVE PLANTS. PART IlI.- Aj\lENDMENTS Native Plants Protection Act. 21 GEO. V. No. 41, OF OTHER ::\IrKIKG ACTS. 36. In section five, before the words "section Amendment twenty-one of " The Mineral Lands Act of 1872," " the of 8.5. words" section twenty-two of *" The Grown Lands Alienation Act of 1860," or section thirty-two of t" The Grown Lands Alienation Act of 1868,H or" are inserted. Amendment 37. In section thirty-one, the words" Act of 1909 " of 8 • .31. are repealed, and the words" Act of 1916 " are inserted in lieu thereof. MORATORIUM, PURCHASERS OF HOMES RELIEF. See REAL PROPERTY. MOTOR BOATS AND MOTOR VESSELS. See SHIPPING. NATIVE PLANTS. 21NGo.eo4. 1V. . An Act to Provide for the Protection of Native THE NATIVE Plants and for other purposes. P ROPLTAECNTTISON [ASSENTED TO 24TH DECEMBER, 1930.] B ACT OF 1930. . r' " • 1£ It enacted by the Kmg's Most Excellent MaJesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title L This Act may be cited as "The Native Plants : ~ ! mence. Protection Act of 1930," and shall come into operation ment of Act. on a date to be proclaime.d by the Governor in Council by Proclamation published in the Gazette. Interpreta- 2. In this Act, unless the context otherwise tion. indicates, the following terms have the meanings respectively assigned to them, that is to say;- District. "District"-A district constituted under this Act; Minister. " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act. * 24 Vic. No. 15 repealed. (See Historical Table, Index Volume.) t 13 Vic. No. 46 repealed. (See Historical Table, Index Volume.)

]930. NATIVE PLANTS. Native Plants Protection Act. 13059 "Native plant"-Any plant which is indigenous Native to Queensland, and includes any part thereof pJant. and the flower thereof; the term also includes any other plant which the Governor in Council may, by Order in Council from time to time, declare to be a native plant for the purposes of this Act; "Pick" (in relation to a native plant), means Pick. to gather, pluck, cut, pull up, destroy, take, dig up, remove, or injure the native plant or any part thereof; "Prescribed"-Prescribed by this Act; Prescribed. "Private land" includes land leased from the Private land. Crown or which is in the course of alienation -by the Crown under any Act; "Protected native plant "-Any native plant Pro~ ected which has been notified by the Governor in natIve plant. Council to be a native plant protected under this Act; "Protected period" means the period for which Pro.tected a native plant is notified as protected under perIOd. this Act; "This Act"-This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder. 3. (1.) Subject to this Act, this Act shall extend Application - to and be in force in such districts as the Governor in ~ ~III!. ~~t:~ Council may by Order in Council published in the Gazette declare. For the purposes of the aforesaid provisions the Governor in Council may from time to time by Order in Council declare the whole or any part or parts of the State to be a district or districts for the purposes of this Act, and may in like manner alter the boundaries of any such district, or may abolish such district. (2.) The Governor in Council may from time to Notification time by Order in Council published in the Gazette notify ~ ; otect' that any native plant specified in the Order in Council IOn. is protected under this Act throughout the whole State or in any specified district or districts. Such protection may be for a limited or unlimited period, as may be specified in the Order in Council :

13060 NATIVE PLAN'l'S. Native Plants Protection Act. 21 GEO. V. No. 41, Provided that when any native plant is protected throughout the whole of the State, the whole of the State shall be and be deemed a district for the purposes of this Act. The Governor in Council may revoke or amend any such Order in Council at any time by another Order in Council. Extension to (3.) Notwithstanding anything in this Act con- leaseholds. tained, it shall be lawful for the Governor in Council, by Order in Council, to protect, whether for a limited or an unlimited period, any native plant growing on land held under leasehold from the Crown pursuant to *" The Land Acts, 19lO to 1929" (or any Act amending or in substitution of the same) in any district, and for the purposes of this provision such land shall be deemed to be Crown land for the purposes of section four of this Act. Penalty for 4. (1.) Any person who during the protected period pioking. pioks a protected native plant which is growing- (a) On any Crown land or State Forest or National Park; or (b) On any public park or any land dedicated or reserved for a public purpose under *" The Land Acts, 1910 to 1929," or any Act amending the same, or any other Act, or on any road; or (c) On any private land, not being the owner or lessee of such land or not having obtained the permission of the owner or lessee thereof, shall be guilty of an offence. Primd facie (2.) In any prosecution under this section, proof evidence. that such protected native plant was found in the possession of the defendant during the protected period shall be prima facie evidence that the defendant picked such native plant in contravention of this section, and the onus of proof to the contrary shall be upon the defendant. Selling forbidden. 5. Any person who sells or offers or exposes for sale any protected native plant or part thereof during the protected period shall be guilty of an offence. • 1 Geo. v. No. 15 and amending Acts, 8upra, pages 8775 et Beg.

NATIVE PLANTS. 13061 1930. Native Plants Protection Act. It shall be a sufficient defence in any prosecution to prove that the protected native plant was grown on private land and was picked by the owner or lessee of that land, or with the consent of such owner or lessee. 6. The Minister may, in the prescribed form, and Licenses to subject to any limitations as to locality, and to any other pi?k ! ~c conditions he may think proper, issue licenses authorising ~= oses. the holders thereof to pick the protected native plants specified therein for scientific purposes : Provided that nothing contained in sections four Sav~ g of and five shall be construed to affect the powers and certam of auth orl.t.les vested ' III and exerCI.sed by t he Crown I . II Cporowwerns. respect of the picking and disposal for sale, as forest products, of any protected native plant growing on any State Forest or timber reserve in any case where clearing or other forestry operations are being undertaken on behalf of the Crown. , 7. Any authorised officer of any Local Authority Suspected (including the Brisbane City C0uncil). any member of p~ rson to the Police Force, any ranger, forest officer, or caretaker : ~v; ~ ~ : ss of any Crown land or State Forest or National Park, or public park or land dedicated and reserved for a public purpose under any Act, and upon production of an authority purporting to be signed by the body of trustees or authority or Minister of the Crown having charge of any land, or by the duly authorised officer of a Local Authority (including the Brisbane City Council), any person holding such authority, may require any person .reasonably suspected of having offended against this Act to give his name and address, and to deliver up any protected native plant in his possession: Provided also that the owner or lessee of private land may require any person reasonably suspected of having offended against this Act (and while such person is on such private land), to give to such owner or lessee his name and address and to deliver up to such owner or lessee any protected native plant in his possession, Any person who, when so required, refuses to give his name and address, or gives a false name and address, or refuses to deliver up such protected native plant shall be guilty of an offence. 8. The Minister may appoint honorary rangers to Honorary carry out the provisions of this Act. rangers. Q

13062 NATIVE PIJANTS. Native Plants Protection A.ct. 21 GEO. V. No. 41, ~ - - - - - - - - - - - - - - - - - - - - --- -- Such honorary rangers shall have the powers conferred by section seven of this Act upon any member of the Police Force. Penalties. 9. (1.) Any person convicted of an offence against this Act shall be liable- (a) For a first offence to a penalty not exceeding five pounds; (b) For a second offence to a penalty not exceeding ten pounds; (c) For a third or subsequent offence to a penalty not exceeding twenty pounds. Penalties. (2.) All penalties incurred for any offence against raescuomvemreadryIn th' IS A C t may be recovered I.n a summary way by way. complaint under *" The Justices Acts, 1886 to 1929," or any Act amending the same. Power of 10. (1.) Notwithstanding anything contained in ~ : ! : ~ ~ _ t" The Railways Acts, 1914 to 1929" (or any Act amending sioner to the same), it shall be lawful for the Commissioner of ~ :~ ; .e at;:,y Railways for Queensland to refuse to conveyor allow . pro~ ected to be conveyed on any Government railway any native plant. protected native plant. (2.) The Commissioner of Railways for Queensland shall take measures to prevent any person selling or exposing for sale on railway premises any protected native plant in contravention of this Act. (3.) Regulations may be made under t" The Ra1:lway Acts, 1914 to Hl29 " (or any Act amending the same), to give effect to this section, and to regulate or prohibit the carriage of protected native plants upon Government railways. Such regulations may provide penalties not exceeding twenty pounds for any breach thereof. Regulations. 11. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act. * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq. t 5 Geo. V. No. 24 and amending Acts, 8upra, pages 7215 et seq.

NATIVE PLANTS. 13063 1930. Native Plants Protection Act. (2.) Such regulations may prescribe 'that they shall May fix come into operation on the publication thereof in the ~ ; ! ~ a~ { on. Gazette, or may fix therein a date in future in which such regulations, or any regulation or regulations shall so come into force. (3.) Such regulations may provide penalties not exceeding twenty pounds for any breach thereof. of t h ( I · 4 S .) A Scut.ch regulations may be made on the passing m M paa a sd y sein b go e n of this Act. 12. All Proclamations, Orders in Council, and Proclama- regulations made or purporting to have been made under~ i I o n n C s o , unOCrI?le, rs this Act shall be published in the Gazette, and thereupon and . shall be of the same effect as if they were enacted in this ~ e~ latlo; rt Act, and shall be judicially noticed, and shall not be o~ t~ ~ Act. questioned in any proceedings whatsoever. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session, or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclama- tion, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business.