Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 (Qld)

Queensland Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Subordinate Legislation 2014 No. 32 made under the Nature Conservation Act 1992 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of Nature Conservation (Administration)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 14 (Licences for protected plants other than in a protected area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Replacement of s 15 (Permits for protected plants other than in a protected area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Permit for protected plants other than in a protected area 10 Amendment of s 20 (Maximum term for licences for wildlife) . . . . 10 Amendment of s 21 (Maximum term for permits for wildlife) . . . . 10 Amendment of s 24 (Particular applications must include request for record book or approval of electronic record system) . . . . . . . . . 10 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 27A Fee payable for major amendments to particular applications 11 Amendment of s 120 (Application of pt 6) . . . . . . . . . . . . . . . . . . 12 Amendment of s 121 (How records must be kept) . . . . . . . . . . . . 13

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents 12 13 14 15 16 17 18 19 20 21 22 23 Part 3 24 25 26 27 Amendment of s 122 (Where records or copies must be kept) . . 14 Amendment of s 125 (When record particulars to be included in record) 15 Amendment of s 132 (When return of operations must be given and the period for which they must be given) . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 143 (Reduced fee for particular landholders) . . 16 Replacement of s 144 (Reduced fee for commercial wildlife harvesting licence for protected plants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 144 Reduced fee for particular wildlife authorities for protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Omission of ss 151–153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 154 (Application for exemption of fee) . . . . . . . . 17 Amendment of s 155 (Deciding fee exemption application) . . . . . 18 Amendment of s 162 (Period for which particular documents must be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Insertion of new pt 12, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 4 Transitional provisions for the Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 176 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 177 Existing authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 178 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . 21 179 Particular existing approvals under Wildlife Management Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 180 Existing applications for particular authorities . . . . . . 22 181 Existing reviews about transitioned authorities. . . . . . 22 182 Existing reviews about discontinued authorities . . . . . 23 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 24 Amendment of Nature Conservation (Wildlife Management)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6A Meaning of trade for protected plants. . . . . . . . . . . . . 27 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 7A When whole plant is taken . . . . . . . . . . . . . . . . . . . . . 28 Amendment of s 10 (Who may obtain wildlife authority) . . . . . . . 29 Page 2 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents 28 Amendment of s 11 (General restriction on grant of wildlife authorities) 29 29 Amendment of s 16 (Wildlife authority only authorises keeping, using and moving of lawfully obtained wildlife) . . . . . . . . . . . . . . . . . . . 29 30 Omission of ss 28 and 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 31 Amendment of ch 4, hdg (Using or moving protected plants) . . . 30 32 Replacement of s 241 (Purpose of ch 4) . . . . . . . . . . . . . . . . . . . 30 241 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33 Replacement of ch 4, pts 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 2 Requirements for and restrictions about taking and using protected plants Division 1 Preliminary 242 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2 General requirements for taking protected plants 243 General requirements for taking protected plants . . . 32 244 Restriction on taking protected plant in monitoring plot 33 Division 3 Requirements for taking protected plants by harvest 245 Keeping record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 246 Harvest labels for taking whole restricted plants or restricted plant parts in the wild . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4 Requirements for taking protected plants by clearing Subdivision 1 Interpretation 247 Meaning of flora survey trigger map . . . . . . . . . . . . . . 35 248 Meaning of high risk area . . . . . . . . . . . . . . . . . . . . . . 36 249 Meaning of clearing impact area . . . . . . . . . . . . . . . . 36 250 Meaning of flora survey and flora survey report . . . . . 37 Subdivision 2 Provisions about flora survey trigger map 251 Reviewing and amending flora survey trigger map . . 37 252 Public availability of flora survey trigger map . . . . . . . 38 Subdivision 3 Flora survey guidelines 253 Chief executive may make flora survey guidelines . . . 38 Subdivision 4 Steps to be taken before taking protected plants by clearing 254 Flora survey trigger map check required for all clearing 39 255 Copy of flora survey trigger map . . . . . . . . . . . . . . . . 39 2014 SL No. 32 Page 3

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents Page 4 256 When flora survey is required. . . . . . . . . . . . . . . . . . . 40 257 Flora survey and flora survey report must comply with certain guidelines or methodology . . . . . . . . . . . . . . . 40 258 Inaccurate or misleading information in flora survey report40 Subdivision 5 When protected plant clearing permit is required for area other than high risk area 259 When a protected plant clearing permit is required for an area other than a high risk area . . . . . . . . . . . . . . . . . 41 Part 3 Exemptions for taking or using protected plants Division 1 Purpose of part 260 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 261 References to protected plant . . . . . . . . . . . . . . . . . . 42 Division 2 Exemptions for taking protected plants generally 261A Taking protected plant to avoid or reduce risk of death or serious injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 261B Taking protected plant to avoid or reduce risk of serious damage to buildings or property. . . . . . . . . . . . . . . . . 43 261C Taking protected plant under the Fire and Rescue ServiceAct 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 3 Exemptions for using and moving protected plants generally 261D Using protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) . . . . . . . . . . . . . . . . . . . . . . . 44 261E Landholders may gain benefit . . . . . . . . . . . . . . . . . . 44 261F Moving restricted plants being used for personal use 44 261G Whole restricted plants propagated by propagator . . 45 261H Using restricted plant parts cultivated by cultivator . . 46 Division 4 Exemptions for taking and using particular protected plants Subdivision 1 Preliminary 261I What div 4 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . 47 261J Application of exemptions under div 4 . . . . . . . . . . . . 47 Subdivision 2 Exemptions for taking and using whole protected plants and protected plant parts 261K Taking and using a least concern plant other than a special least concern plant . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 261L Taking or using protected plants under collection authority for biodiscovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents 261M Chief executive taking and using protected plants . . . 48 261N Exemption for Queensland Herbarium employees . . . 48 261O Taking particular protected plants for conservation or revegetation program . . . . . . . . . . . . . . . . . . . . . . . . . 49 261P Taking or using protected plants for grazing activities 50 261Q Australian Defence Force taking and using particular protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 261R Taking or using marine plant . . . . . . . . . . . . . . . . . . . 51 Subdivision 3 Exemptions for taking and using protected plant parts 261S Taking protected plant parts for identification or an educational or scientific purpose . . . . . . . . . . . . . . . . 51 261T Taking or using protected plant parts, other than plant parts that are endangered wildlife etc.. . . . . . . . . . . . . . . . . 53 261U Taking or using particular protected plant parts for fodder 54 261V Taking protected plant parts for sick, injured or orphaned wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 261W Taking or using protected plant parts by way of operational salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 5 Exemptions for taking protected plants when clearing Subdivision 1 Preliminary 261X What div 5 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . 57 261Y Application of exemptions under div 5 . . . . . . . . . . . . 57 Subdivision 2 Exemption for taking protected plants in an area other than a high risk area 261Z Taking protected plants in an area other than a high risk area 58 Subdivision 3 Exemption for taking protected plants in any areas 261ZA Taking protected plant after flora survey report given to chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 261ZB Taking protected plant from area from which plants already lawfully taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 261ZC Taking protected plant for particular maintenance activities 62 261ZD Taking protected plant for firebreak or fire management line 63 261ZE Taking protected plant under a self-assessable vegetation clearing code etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2014 SL No. 32 Page 5

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents 34 35 Page 6 261ZF Taking protected plant if authorised under another Act or law 64 261ZG Taking protected plant for conservation purposes . . . 64 Division 6 Exemption for using restricted plants for trade 261ZH What div 6 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . 65 261ZI Using restricted plants for trade . . . . . . . . . . . . . . . . . 65 261ZJ Keeping record about trade of restricted plants . . . . . 65 261ZK Labelling of restricted plants for trade . . . . . . . . . . . . 66 261ZL Additional labelling of restricted plants for movement outside of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 261ZM Particular plants for trade to be tagged . . . . . . . . . . . 67 Replacement of ch 4, pt 4, hdg (Licences, permits and other authorities for taking or using protected plants) . . . . . . . . . . . . . . . . . . . . . . . 69 Replacement of ch 4, pt 4, divs 1–3 . . . . . . . . . . . . . . . . . . . . . . . 69 Division 1 Purpose 262 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 263 References to protected plant . . . . . . . . . . . . . . . . . . 69 Division 2 Protected plant growing licence Subdivision 1 Purpose of licence 264 Purpose of protected plant growing licence . . . . . . . . 70 Subdivision 2 Restrictions on grant 265 General restrictions on grant of protected plant growing licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 266 Restriction on grant of licence for salvage . . . . . . . . . 71 267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of licence to take seed or propagative material from particular protected plants . . . . . . . . . . 71 268 Chief executive may require preparation of sustainable harvest plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Subdivision 3 Activities authorised by licence 269 Activities authorised by protected plant growing licence 72 Subdivision 4 Carrying out activities under licence 270 Taking and using restricted plants under licence . . . . 73 271 Taking of protected plant during harvest period . . . . . 74 272 Compliance with sustainable harvest plan . . . . . . . . . 74 Division 3 Protected plant harvesting licence Subdivision 1 Purpose of licence 273 Purpose of protected plant harvesting licence . . . . . . 75 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents Subdivision 2 Grant of licence 274 Restrictions on grant of licence . . . . . . . . . . . . . . . . . 75 275 Particular restrictions on grant of licence for particular species or if threat exists . . . . . . . . . . . . . . . . . . . . . . 76 276 Research and monitoring condition . . . . . . . . . . . . . . 76 277 Applicant must prepare sustainable harvest plan. . . . 78 Subdivision 3 Activities authorised by licence 278 Activities authorised by protected plant harvesting licence 78 Subdivision 4 Carrying out activities under licence 279 Taking of protected plant during harvest period . . . . . 79 280 Compliance with sustainable harvest plan . . . . . . . . . 79 Part 4A Protected plant clearing permits Division 1 Purposes of part 281 Purpose of pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 2 Purpose of permit 282 Purpose of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 3 When permit is required 283 When protected plant clearing permit is required. . . . 82 Division 4 Restrictions on grant 284 General restrictions on grant of protected plant clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 285 Particular circumstances when chief executive may grant protected plant clearing permit . . . . . . . . . . . . . . . . . . 84 286 Chief executive may grant protected plant clearing permit in relation to particular areas . . . . . . . . . . . . . . . . . . . . . 84 287 Chief executive may impose conditions on protected plant clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 288 Chief executive may require offset . . . . . . . . . . . . . . . 85 Division 5 Activities authorised under permit 289 Activities authorised by protected plant clearing permit 85 36 Renumbering of ch 4, pt 4, div 4 (Authorities for taking or using protected plants). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 37 Renumbering of ch 4, pt 4, div 4, sdiv 1 (Aboriginal tradition authorities) 86 38 Renumbering of ch 4, pt 4, div 4, sdiv 2 (Island custom authorities) 86 39 Replacement of ch 4, pt 5 (Provisions about authorised cultivators and propagators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 5 Miscellaneous provisions 2014 SL No. 32 Page 7

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 Contents 40 41 42 43 44 45 46 47 48 49 Part 4 50 51 Part 5 52 299 Declaration of harvest period . . . . . . . . . . . . . . . . . . . 87 300 Special least concern plants. . . . . . . . . . . . . . . . . . . . 87 Amendment of s 335 (Tags not to be used by unauthorised person) 88 Amendment of s 337 (Record of identification of person selling or giving away protected, international or prohibited wildlife) . . . . . . . . . . . 88 Amendment of s 338 (Record of identification of person buying or accepting protected, international or prohibited wildlife) . . . . . . . 89 Amendment of s 345 (Procedure if wildlife stolen) . . . . . . . . . . . . 89 Insertion of new s 348A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 348A Approved tags for protected plants taken by way of salvage 90 Amendment of s 352 (No conservation value payable for protected wildlife taken under particular authorities) . . . . . . . . . . . . . . . . . . 91 Omission of ch 8, pt 4 (Amendments of Protected Plants Conservation Plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Insertion of new ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Chapter 9 Transitional provision 385 Taking protected plant if authorised in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Insertion of new sch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Schedule 3A Special least concern plants Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 94 Amendment of State Penalties EnforcementRegulation 2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Amendment of sch 2 (Environmental legislation) . . . . . . . . . . . . . 100 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Page 8 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 . 2 Commencement This regulation commences on 31 March 2014. Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 3 Regulation amended This part amends the NatureConservation(Administration)Regulation 2006. 4 Amendment of s 14 (Licences for protected plants other than in a protected area) Section 14(a) to (e)— omit , insert — (a) a protected plant growing licence; (b) a protected plant harvesting licence. 5 Replacement of s 15 (Permits for protected plants other than in a protected area) Section 15— 2014 SL No. 32 Page 9

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 6] omit , insert — 15 Permit for protected plants other than in a protected area The chief executive may grant a protected plant clearing permit for protected plants other than in a protected area. 6 Amendment of s 20 (Maximum term for licences for wildlife) Section 20(1)(k)— omit , insert — (k) for a protected plant growing licence—5 years; (l) for a protected plant harvesting licence—5 years. 7 Amendment of s 21 (Maximum term for permits for wildlife) Section 21(1)(g)— omit , insert — (g) for a protected plant clearing permit—2 years; 8 Amendment of s 24 (Particular applications must include request for record book or approval of electronic record system) (1) Section 24(2) and (3)— renumber as section 24(3) and (4). (2) Section 24— insert — Page 10 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 9] (2) However, this section does not apply to an application for a protected plant growing licence or a protected plant harvesting licence. 9 Insertion of new s 27A After section 27— insert — 27A Fee payable for major amendments to particular applications (1) This section applies if the chief executive agrees, under section 27, to a major amendment of an application for— (a) a protected plant growing licence; or (b) a protected plant harvesting licence; or (c) a protected plant clearing permit. (2) The applicant must pay the following fee for making the amendment— (a) for a protected plant growing licence—a fee equivalent to the concessional fee for a protected plant growing licence under schedule 3, part 2, division 4; (b) for a protected plant harvesting licence—a fee equivalent to the concessional fee for a protected plant harvesting licence under schedule 3, part 2, division 4; (c) for a protected plant clearing permit—a fee equivalent to the concessional fee for a protected plant clearing permit under schedule 3, part 2, division 4A. (3) In this section— major amendment means— 2014 SL No. 32 Page 11

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 10] (a) for an application for a protected plant growing licence or protected plant harvesting licence— (i) an increase in the size of the area to which the application relates; or (ii) an addition of a species, or a change to a species, of protected plant or plant part to be taken under the licence to which the application relates; or (b) for an application for a protected plant clearing permit—a change to the size of the area to which the application relates. 10 Amendment of s 120 (Application of pt 6) (1) Section 120(c), after ‘authority’— insert — for animals (2) Section 120— insert — (d) a record (a protected plant harvest record ) required to be kept for a whole restricted plant or restricted plant part taken under— (i) a protected plant growing licence; or (ii) a protected plant harvesting licence; or (iii) an exemption under the Wildlife Management Regulation, chapter 4, part 3; and Note — See the Wildlife Management Regulation, section 245 for who is required to keep a protected plant harvest record. (e) a record (a protected plant trade record ) required to be kept for a whole restricted Page 12 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 11] plant or restricted plant part used for trade under a protected plant harvesting licence or protected plant trade exemption under the Wildlife Management Regulation. Note — See the Wildlife Management Regulation, section 261ZJ for who is required to keep a protected plant trade record. (3) Section 120— insert — (2) In this section— restricted plant see the Wildlife Management Regulation, schedule 5. 11 Amendment of s 121 (How records must be kept) (1) Section 121(1)(b), after ‘authority’— insert — for animals (2) Section 121(1)(b)(i)— insert— Note — See the Macropod Conservation Plan for how a record for particular wildlife authorities for macropods must be kept. (3) Section 121(1)— insert — (c) for a protected plant harvest record—in a written or electronic record system; or (d) for a protected plant trade record—in a written or electronic record system. (4) Section 121(1), note— omit, insert— 2014 SL No. 32 Page 13

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 12] Note for subsection (1) — See also section 127 about requirements for information included in a record. (5) Section 121(3)— renumber as section 121(6). (6) Section 121— insert — (3) For subsection (1)(c) and (d), if a record is kept in an electronic record system (the primary system ) and the primary system is not working on the day particular information must be included in the record— (a) the information must be recorded in a written record system or another electronic record system; and (b) the written record system or other electronic system is taken to be a part of the primary system. (4) An electronic record system mentioned in subsection (1)(c) or (d) may, but need not, be a system approved by the chief executive. (5) Also, a protected plant harvest record or a protected plant trade record must be kept in a way that it is available on demand for checking by a conservation officer. 12 Amendment of s 122 (Where records or copies must be kept) (1) Section 122(1)(d), after ‘wildlife authority’— insert — for animals (2) Section 122(1)— insert — Page 14 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 13] (e) for a protected plant harvest record or a protected plant trade record— (i) if an individual is keeping the record—at the person’s place of residence; or (ii) if a recreational plant society is keeping the record—at the society’s office or other usual place for keeping the society’s records; or (iii) if a corporation is keeping the record under a wildlife authority for protected plants— (A) at the licensed premises for the authority; or (B) if the licensed premises for the authority are not a place open for business—at an office of the corporation that is in the State; or (iv) if a corporation is keeping the record under an exemption under the Wildlife Management Regulation—at an office of the corporation in the State. (3) Section 122(2), note— omit . 13 Amendment of s 125 (When record particulars to be included in record) Section 125, notes— omit , insert — Note — See the Macropod Conservation Plan for when information must be included in a record for particular wildlife authorities for macropods. 2014 SL No. 32 Page 15

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 14] 14 Amendment of s 132 (When return of operations must be given and the period for which they must be given) Section 132(3), notes— omit , insert — Note — See the Macropod Conservation Plan for when a return of operations for particular wildlife authorities for macropods must be given and the period for which it must be given. 15 Amendment of s 143 (Reduced fee for particular landholders) (1) Section 143(1)(c) and (d)— omit . (2) Section 143(2), ‘or plants’— omit . 16 Replacement of s 144 (Reduced fee for commercial wildlife harvesting licence for protected plants) Section 144— omit , insert — 144 Reduced fee for particular wildlife authorities for protected plants (1) This section applies to a wildlife authority for a protected plant if the activity to be carried out under the authority is— (a) to be carried out for— (i) an educational purpose; or (ii) a scientific research purpose; or (b) an activity directed at conservation; or (c) clearing to establish necessary property infrastructure; or Page 16 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 17] (d) a traditional owner activity. (2) The fee payable for the authority is the concessional fee stated, in schedule 3, for the authority. (3) In this section— educational purpose means the purpose of teaching at an educational institution or by an educational organisation. necessary property infrastructure means any of the following necessary infrastructure— (a) a fence; (b) a firebreak; (c) a road or vehicular track. scientific research purpose means the purpose of scientific research carried out at a tertiary or other institution administered by the Commonwealth, a State or an entity that is involved in scientific research. traditional owner activity means an activity by which a protected plant is taken and used by a person of Aboriginal or Torres Strait Islander descent for a traditional cultural practice recognised by the Aboriginal or Torres Strait Islander community generally. 17 Omission of ss 151–153 Sections 151 to 153— omit . 18 Amendment of s 154 (Application for exemption of fee) Section 154(1), ‘for a protected area authority.’— omit , insert — 2014 SL No. 32 Page 17

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 19] for— (a) a protected area authority; or (b) a wildlife authority for protected plants. 19 Amendment of s 155 (Deciding fee exemption application) Section 155(2)— insert — (c) for an exemption for a wildlife authority for protected plants—the applicant for the wildlife authority is a recreational plant society, a voluntary conservation organisation or a volunteer community organisation. 20 Amendment of s 162 (Period for which particular documents must be kept) (1) Section 162(1)(c), after ‘149,’— insert— 245, 261ZJ, (2) Section 162(2)(b)(i) and (ii)— omit, insert— (i) for a document about an animal kept under a relevant authority—at least 2 years after the person ceases to hold any relevant authority for the animal; or (ii) for a document about a protected plant taken or otherwise obtained or used under— (A) a wildlife authority—at least 5 years after the person ceases to hold the authority for the plant; or Page 18 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 21] (B) an exemption under the Wildlife Management Regulation, chapter 4, part 3—at least 5 years after the person ceases to carry out the activity to which the document relates; or (iii) for another document—at least 2 years after the person ceases to carry out the activity, or possess the wildlife, to which the document relates. 21 Insertion of new pt 12, div 4 After section 175— insert — Division 4 Transitional provisions for the Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1) 2014 176 Definitions for div 4 In this division— amended regulation means this regulation as in force at the commencement. commencement means the commencement of this division. discontinued authority means any of the following wildlife authorities for protected plants under the unamended regulation— (a) a commercial wildlife licence; (b) a recreational wildlife licence; (c) a wildlife movement permit. 2014 SL No. 32 Page 19

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 21] equivalent authority , of a transitioned authority, means— (a) for a commercial wildlife harvesting licence or recreational wildlife harvesting licence for protected plants under the unamended regulation—a protected plant harvesting licence; or (b) for a herbarium licence for protected plants under the unamended regulation—a protected plant harvesting licence; or (c) for a clearing permit or damage mitigation permit under the unamended regulation—a protected plant clearing permit; or (d) for an educational purposes permit or scientific purposes permit—a protected plant harvesting licence. transitioned authority means a licence or permit, other than a discontinued authority, for protected plants under the unamended regulation. unamended regulation means this regulation as in force from time to time before the commencement. 177 Existing authorities (1) A transitioned authority in force immediately before the commencement, or granted under section 181(3)— (a) continues in force for the term provided for under the unamended regulation; and (b) is taken to be its equivalent authority under the amended regulation. (2) On the commencement, a discontinued authority ceases to have effect. Page 20 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 21] Note — From the commencement, activities that were carried out under a discontinued authority may be carried out under a protected plant trade exemption under the Wildlife Management Regulation. 178 Existing exemptions (1) This section applies to a person who holds an exemption to take a protected plant in an area under section 41(1)(a)(ii) of the Nature Conservation (Protected Plants) Conservation Plan 2000 in force immediately before the repeal of that plan. (2) For a period of 2 years after the commencement, and subject to the same conditions that applied under the exemption, the person may continue to take a protected plant the person was permitted to take under the exemption. 179 Particular existing approvals under Wildlife Management Regulation (1) An approval to be an authorised cultivator or propagator for protected plants in force immediately before the commencement is taken to be a protected plant growing licence under the amended regulation. (2) Subsection (1) has effect only for the term of the approval. (3) In this section— approval means an approval under the Wildlife Management Regulation, chapter 4, part 5 as in force immediately before the commencement. 2014 SL No. 32 Page 21

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 21] 180 Existing applications for particular authorities (1) An application for a transitioned authority made under the unamended regulation that is not decided before the commencement is taken to be an application made under the amended regulation for its equivalent authority. (2) An application for a discontinued authority made under the unamended regulation that is not decided before the commencement lapses on the commencement. (3) The chief executive must refund the application fee paid for an application that lapses under subsection (2). Page 22 181 Existing reviews about transitioned authorities (1) This section applies to an application for review made under part 4 to a relevant decision-maker if— (a) the decision being reviewed is the refusal, under the unamended regulation, to grant a transitioned authority; and (b) the application was made but not decided before the commencement. (2) The relevant decision-maker must decide the application under the unamended regulation. (3) If the relevant decision-maker decides that the transitioned authority the subject of the review must be granted, the chief executive must grant the authority. (4) If QCAT returns the matter to the chief executive with directions— (a) the application is taken to be an application for an equivalent authority for the transitioned authority; and 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 22] (b) the chief executive must follow QCAT’s directions to the extent possible. (5) If the relevant decision-maker confirms the decision being appealed against— (a) an application the subject of the decision continues to be an application for a transitioned authority under the unamended regulation; and (b) any further decision about the application must be made under the unamended regulation. (6) In this section— relevant decision-maker means— (a) for an application for internal review—the chief executive; or (b) for an application for external review—QCAT. 182 Existing reviews about discontinued authorities (1) This section applies to an application for review made under part 4 if— (a) the decision being reviewed is about the refusal, under the unamended regulation, to grant a discontinued authority; and (b) the application was made but not decided before the commencement. (2) On the commencement, the application lapses. 22 Amendment of sch 3 (Fees) (1) Schedule 3, part 2, division 4— omit , insert — 2014 SL No. 32 Page 23

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 23] Division 4 Licences for protected plants $ 14 Protected plant growing licence— (a) fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (b) concessional fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125.00 15 Protected plant harvesting licence— (a) fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 000.00 (b) concessional fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 Division 4A Permits for protected plants $ 16 Protected plant clearing permit— (a) fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 500.00 (b) concessional fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625.00 (2) Schedule 3, part 5, item 3— omit . 23 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions harvest period notice , official tag , protected plant part , protected plant parts record particulars , Protected Plants Conservation Plan , type A restricted plant , type B restricted plant and whole protected plants record particulars — omit . (2) Schedule 7— insert — Page 24 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 23] harvest period notice means— (a) for a protected plant—a harvest period notice under the Wildlife Management Regulation; or (b) otherwise—a notice declaring a harvest period under a conservation plan. part , for a protected plant, includes a stem, phyllode, foliage, bud, flower, spore, seed, fruit, bark, oil, root, rhizome, resin, gum, exudate, gall, genetic material, chemical and any other structural component or constituent, of the plant. protected plants code of practice means the document called ‘The code of practice for the harvest and use of protected plants’, approved by the chief executive under section 174A of the Actand published on the department’s website. Note — A copy of the code is open for public inspection, during office hours on business days, at the department’s head office and each regional office of the department. See section 174A(3) of the Act. protected plant harvest record see section 120(1)(d). protected plant trade record see section 120(1)(e). record , for a relevant authority or an exemption under the Wildlife Management Regulation, means the record required, under the Act, to be kept for the authority or exemption. (3) Schedule 7, definition prescribed day , paragraphs (c) and (d)— omit, insert — (c) for a particular for a protected plant harvest record—within 24 hours after the event to which the record relates happens; 2014 SL No. 32 Page 25

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 2 Amendment of Nature Conservation (Administration) Regulation 2006 [s 23] Page 26 (d) for a particular for a protected plant trade record— (i) if a whole protected plant is taken or otherwise obtained under a licence or exemption mentioned in section 120(1)(e)— (A) for the particulars of a whole protected plant obtained other than under a transaction, natural increase or propagation—on the day the plant was obtained; or (B) for the particulars about a whole protected plant obtained or disposed of under a transaction—on the day of the transaction; or (C) for the particulars about a natural increase or artificial propagation—on the day of the increase or propagation; or (D) for the particulars about the death of the plant—on the day of the death; or (ii) if protected plant parts are taken or otherwise obtained under a licence or exemption mentioned in section 120(1)(e)— (A) for the particulars of a plant part obtained other than under a transaction—on the day the plant part was obtained; or (B) for the particulars about a protected plant part obtained or disposed of under a transaction—on the day of the transaction; or 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 24] (C) for the particulars about a loss or destruction of the plant part—on the day of the loss or destruction. (4) Schedule 7, definition prescribed period , paragraph (e)— omit . (5) Schedule 7, definition relevant record particulars , paragraph (e)— omit, insert— (e) for a protected plant harvest record or a protected plant trade record—a particular that the protected plants code of practice states must be included in the record. Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 24 Regulation amended This part amends the NatureConservation(WildlifeManagement) Regulation 2006. 25 Insertion of new s 6A After section 6— insert — 6A Meaning of trade for protected plants (1) A person keeps or uses a protected plant or protected plant part for trade if the person— (a) uses or keeps the plant or plant part for a commercial purpose or a related purpose; or 2014 SL No. 32 Page 27

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 26] Examples for paragraph (a) — • a landscape contractor using a protected plant in a landscaping job • a nursery owner using a whole protected plant to produce other whole plants for potential sale • a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home • a person using seed to propagate a whole protected plant for sale (b) otherwise sells, gives away, buys, obtains or exchanges the plant or plant part for gain, benefit or reward. (2) A person does not use or keep a protected plant or a protected plant part for trade if the person uses or keeps the plant or plant part for the person’s own personal use. 26 Insertion of new s 7A After section 7— insert — 7A When whole plant is taken (1) For this regulation, a whole plant is taken if— (a) for a protected plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; or (b) for sandalwood—the trunk or main stem of the plant is taken even if a part of the plant that may naturally and readily regrow is left behind. (2) However, if a person divides a plant into 2 or more viable sections, a whole plant is taken if any of the resulting plants are taken, even if a viable section of the original plant is left behind. Page 28 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 27] (3) Also, if a person takes a plant that propagates by creeping rhizomes, a whole plant is taken if any of the following parts of the plant are taken— (a) a continuous piece of rhizome bearing living fronds; (b) any removed section of joined rhizomes bearing living fronds. 27 Amendment of s 10 (Who may obtain wildlife authority) (1) Section 10(3)— omit . (2) Section 10(4) and (5)— renumber as section 10(3) and (4). 28 Amendment of s 11 (General restriction on grant of wildlife authorities) Section 11(1)— insert— Note — See also section 137 of the Act. 29 Amendment of s 16 (Wildlife authority only authorises keeping, using and moving of lawfully obtained wildlife) Section 16(1), note 2, ‘section 88B’— omit, insert— section 90A 30 Omission of ss 28 and 29 Sections 28 and 29— omit . 2014 SL No. 32 Page 29

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 31] 31 Amendment of ch 4, hdg (Using or moving protected plants) Chapter 4, heading, ‘Using’— omit , insert — Taking, keeping, using 32 Replacement of s 241 (Purpose of ch 4) Section 241— omit, insert— 241 Purpose of ch 4 (1) The purpose of this chapter is to regulate the taking, keeping, use or movement of protected plants to— (a) promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and (b) allow the ecologically sustainable use of protected plants taken from the wild; and (c) control processes threatening to protected plants; and (d) minimise the impact of the taking of protected plants on nature, including, for example, by adopting a precautionary approach in the setting of limits for taking and the granting of wildlife authorities for protected plants; and (e) encourage greater reliance on obtaining whole protected plants or protected plant parts from propagation or cultivation while recognising there may be grounds for taking them from the wild; and (f) minimise the potential for illegally taken protected plants to be used for any purpose. Page 30 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (2) The purpose is achieved by— (a) regulating the taking, keeping, use and movement of protected plants; and (b) providing exemptions for taking, using or moving whole protected plants or protected plant parts in particular circumstances; and (c) providing for a licensing scheme that allows only particular persons to take, keep, use or move protected plants and only in particular circumstances. (3) The licensing scheme mentioned in subsection (2)(c) allows the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and protected plant parts in the wild. 33 Replacement of ch 4, pts 2 and 3 Chapter 4, parts 2 and 3— omit, insert — Part 2 Requirements for and restrictions about taking and using protected plants Division 1 Preliminary 242 Purpose of pt 2 This part states particular requirements and restrictions that apply in relation to taking and using protected plants. 2014 SL No. 32 Page 31

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Note — For other restrictions that apply to the taking and use of protected plants, see sections 89 and 90 of the Act. Division 2 General requirements for taking protected plants Page 32 243 General requirements for taking protected plants (1) A person must not take a protected plant under a protected plant licence or a relevant exemption, other than in a way that— (a) if the taking requires disturbance of the soil the plant is taken from—the disturbance is only to the extent necessary to remove the plant; or (b) if the taking is by harvest of a protected plant part— (i) the taking does not result in the death of the plant from which the part is taken; and (ii) enough of the plant remains to— (A) allow for reproduction of the plant; and (B) provide habitat or food for other wildlife. Maximum penalty—165 penalty units. (2) Also, a person must, when taking a protected plant by harvest under a protected plant licence or an exemption under this regulation, comply with each of the following— (a) the protected plants code of practice; (b) an applicable harvest period notice; 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (c) a sustainable harvest plan approved by the chief executive. Maximum penalty—165 penalty units. (3) It is a defence to a prosecution for an offence against subsection (1) relating to the death of a plant if the defendant establishes that the defendant complied with the protected plants code of practice when taking the plant. (4) In this section— relevant exemption means an exemption under this regulation, other than an exemption under part 3, division 2. 244 Restriction on taking protected plant in monitoring plot A person must not take a protected plant in a monitoring plot established under a protected plant harvesting licence other than under the licence. Maximum penalty—80 penalty units. Division 3 Requirements for taking protected plants by harvest 245 Keeping record (1) This section applies if— (a) a person (a holder ) harvests a whole restricted plant or restricted plant part under a protected plant licence; or (b) both of the following apply— 2014 SL No. 32 Page 33

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (i) a person (an exempted person ) harvests a whole restricted plant or restricted plant part under an exemption under this regulation; (ii) the whole plant or plant part is to be used for trade. (2) The holder or exempted person must keep a protected plant harvest record of each whole plant or plant part harvested under the licence. Maximum penalty—120 penalty units. Notes — 1 For the requirements for a protected plant harvest record, see the Administration Regulation, part 6. 2 Additional record-keeping requirements apply under section 261ZI for plants used under a protected plant trade exemption. (3) A holder complies with subsection (2) if a relevant person for the holder keeps the record for the holder. Page 34 246 Harvest labels for taking whole restricted plants or restricted plant parts in the wild (1) This section applies to a person who harvests a whole restricted plant or restricted plant part in the wild under a protected plant licence or an exemption under part 3. (2) The person must, at the time of harvest, attach a label that complies with subsection (3) (an approved harvest label ) to each of the following harvested— (a) whole plant; (b) bundle of plant parts; (c) container of plant parts. Maximum penalty—120 penalty units. 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (3) The approved harvest label must— (a) state the matters set out for the label under the protected plants code of practice; and (b) be legible for the life of the label. (4) A person must not state anything in an approved harvest label that the person knows is inaccurate or misleading in a material particular. Maximum penalty—80 penalty units. (5) A person must not remove an approved harvest label from a plant, bundle or container until— (a) the plant, bundle or container has been moved from the place where the plant or plant parts were harvested; and (b) the earlier of the following happens— (i) an approved trade label is attached to the plant, bundle or container; (ii) the plant or plant parts start being used for a purpose other than trade. Maximum penalty—80 penalty units. Division 4 Requirements for taking protected plants by clearing Subdivision 1 Interpretation 247 Meaning of flora survey trigger map (1) The flora survey trigger map is the map called ‘Flora Survey Trigger Map for Clearing Protected Plants in Queensland’ held by the department, as amended from time to time under section 251. 2014 SL No. 32 Page 35

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (2) The flora survey trigger map includes any digital electronic spatial information that is used to produce the map. 248 Meaning of high risk area A high risk area is an area— (a) where plants that are endangered, vulnerable or near threatened wildlife are present or are likely to be present; and (b) shown as a high risk area on the flora survey trigger map. Page 36 249 Meaning of clearing impact area (1) A clearing impact area means— (a) an area to be cleared to the extent it is within a high risk area; and (b) a buffer zone that is— (i) an additional area of 100m in width around the boundary of the area mentioned in paragraph (a); or (ii) an additional area of less than 100m in width around the boundary of the area mentioned in paragraph (a) agreed to by the chief executive under subsection (2). (2) The chief executive may agree to a buffer zone for a clearing impact area that is less than 100m in width around the boundary of the area mentioned in subsection (1)(a) if the chief executive is satisfied— (a) it is not reasonably practicable for a flora survey to be undertaken of a buffer zone that is an area of 100m in width around the 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] boundary of the area mentioned in subsection (1)(a); or Example— the applicant does not have the permission of a landowner to undertake a flora survey of the area (b) a reduction in the width of the buffer zone is consistent with any requirements of the flora survey guidelines. 250 Meaning of flora survey and flora survey report (1) A flora survey is a survey undertaken to identify whether plants that are endangered, vulnerable or near threatened wildlife are present within a clearing impact area. (2) A report about the results of a flora survey for a clearing impact area is a flora survey report . Subdivision 2 Provisions about flora survey trigger map 251 Reviewing and amending flora survey trigger map (1) The chief executive must review and, if necessary, amend the flora survey trigger map at least every 12 months, including, for example, by adding or removing a high risk area. (2) However, subsection (1) does not stop the chief executive from reviewing or amending the map at any time. 2014 SL No. 32 Page 37

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 252 Public availability of flora survey trigger map (1) The chief executive must make the current version of the flora survey trigger map publicly available for inspection in the way the chief executive considers appropriate. (2) For subsection (1), an example of a way the chief executive may consider appropriate is making the map available for inspection on a website. Subdivision 3 Flora survey guidelines 253 Chief executive may make flora survey guidelines (1) The chief executive may, by gazette notice, approve or make guidelines (the flora survey guidelines ) about the conduct of a flora survey. (2) The flora survey guidelines may, for example, contain requirements or provisions about the following— (a) who may undertake a flora survey; (b) the extent of an area to be surveyed; (c) information to be included in a flora survey report, including, for example, a map or plan showing the clearing impact area. (3) The chief executive must publish a copy of the flora survey guidelines as in force from time to time on the department’s website. Page 38 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Subdivision 4 Steps to be taken before taking protected plants by clearing 254 Flora survey trigger map check required for all clearing (1) Before starting any clearing, a person must check the flora survey trigger map to find out if any part of the area to be cleared is within a high risk area. (2) Subsection (1) does not apply to a person who is taking protected plants under an exemption under part 3, division 5, subdivision 3. 255 Copy of flora survey trigger map (1) The chief executive may give a person a copy of the flora survey trigger map that is current at the time it is given for checking the area to be cleared under section 254. (2) The copy of the map is valid for 12 months from the day the chief executive gives the person the copy. (3) Also, a person may obtain, from a website on which the map is published, a copy of the flora survey trigger map that is current at the time it is obtained for checking the area to be cleared under section 254. (4) The copy of the map is valid for 12 months from the day the person obtains the copy from the website. Note — However, see section 261Z(3) about when a flora survey trigger map is valid for 5 years in particular circumstances. 2014 SL No. 32 Page 39

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 256 When flora survey is required (1) This section applies if any part of an area to be cleared is within a high risk area. (2) Before any clearing is started, a flora survey must be undertaken of the clearing impact area. 257 Flora survey and flora survey report must comply with certain guidelines or methodology (1) A flora survey and flora survey report must comply with the flora survey guidelines or an alternative survey methodology agreed to by the chief executive under subsection (2). (2) The chief executive may agree to an alternative survey methodology for carrying out a flora survey or preparing a flora survey report if the chief executive is satisfied the methodology is suitable for identifying whether plants that are endangered, vulnerable or near threatened wildlife are present within a clearing impact area. Example — An alternative survey methodology could include an alternative methodology for identifying protected plants and assessing the impacts of particular activities. 258 Inaccurate or misleading information in flora survey report A person must not— (a) state anything in a flora survey report that the person knows is inaccurate or misleading in a material particular; or (b) omit, from a flora survey report, information known to the person about the presence of a plant that is endangered, vulnerable or near Page 40 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] threatened wildlife and its supporting habitat in an area. Maximum penalty—165 penalty units. Subdivision 5 When protected plant clearing permit is required for area other than high risk area 259 When a protected plant clearing permit is required for an area other than a high risk area (1) This section applies if, before a person starts clearing in an area other than a high risk area, the person is, or becomes, aware that— (a) there are plants that are endangered, vulnerable or near threatened wildlife within the area to be cleared; and (b) the plants would be taken by the clearing or there would be clearing within 100m of the plants. (2) A protected plant clearing permit is required for the clearing of the plants. Note — See part 4A. 2014 SL No. 32 Page 41

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Part 3 Exemptions for taking or using protected plants Division 1 Purpose of part 260 Purpose of pt 3 (1) The purpose of this part is to provide exemptions for offences for taking protected plants under section 89 of the Act or using protected plants under section 90 of the Act and part 2. (2) The Justices Act 1886 , section 76, applies to each exemption in this part. (3) This section does not limit another provision of this regulation that creates an exemption to which the Justices Act 1886 , section 76, applies. 261 References to protected plant In this part, unless otherwise stated, a reference to a protected plant (including a restricted plant), or type of protected plant (including a type of restricted plant), is a reference to the whole plant and to parts of the plant. Division 2 Exemptions for taking protected plants generally 261A Taking protected plant to avoid or reduce risk of death or serious injury A person may take a protected plant that is in the wild if the taking— Page 42 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (a) is necessary and reasonable to avoid or reduce an imminent risk of death or serious injury to a person; and (b) can not reasonably be avoided or minimised. 261B Taking protected plant to avoid or reduce risk of serious damage to buildings or property A person may take a protected plant that is in the wild if each of the following applies— (a) it is necessary and reasonable to take the plant to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property; (b) if the damage is not prevented or controlled, a person may suffer significant economic loss; (c) the taking can not reasonably be avoided or minimised. 261C Taking protected plant under the Fire andRescue Service Act 1990 A person may take a protected plant that is in the wild if— (a) taking the plant is, or is a necessary part of, a measure that is— (i) authorised under the FireandRescueServiceAct1990 , section 53(1) or 68(1)(c); or (ii) required under section 53(2)(j) or 69(1) of that Act; or (b) the person takes the plant by lighting a fire that is— 2014 SL No. 32 Page 43

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (i) authorised under a notification under the Fire and Rescue Service Act 1990 , section 63 or a permit granted under section 65 of that Act; and (ii) necessary as a means of hazard reduction. Division 3 Exemptions for using and moving protected plants generally 261D Using protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) (1) A person may use a protected plant for which a plant breeder’s right has been granted under the Plant Breeder’s Rights Act 1994 (Cwlth). (2) However, if asked by a conservation officer, the person must produce evidence that the plant breeder’s right has been granted for the plant, unless the person has a reasonable excuse. Maximum penalty for subsection (2)—80 penalty units. 261E Landholders may gain benefit A landholder of private land may gain a benefit for allowing a person to take a protected plant from the landholder’s land if the taking is authorised under the Act. Page 44 261F Moving restricted plants being used for personal use A person may move a restricted plant to or from any place within, inside or outside of the State for the person’s own personal use. 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 261G Whole restricted plants propagated by propagator (1) This section applies if any of the following (each a propagator ) propagates a whole restricted plant in the approved way— (a) a holder of a protected plant growing licence or a relevant person for the holder; (b) a holder of a protected plant harvesting licence or a relevant person for the holder; (c) a person acting under another exemption under this part. (2) The propagator may use the whole restricted plant for any purpose. Note — However, see division 6 for requirements for trading in restricted plants. (3) However, for subsection (1), a stock plant taken under a protected plant growing licence is not propagated in the approved way if the plant is divided less than 12 months after it was taken from the wild. (4) If asked by a conservation officer, the propagator must, unless the propagator has a reasonable excuse, give the officer details about— (a) the source of the reproductive or propagative material used in the propagation; and (b) the date on which the material was obtained. Maximum penalty for subsection (4)—165 penalty units. (5) In this section— 2014 SL No. 32 Page 45

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] approved way , for propagating a restricted plant, means the plant is propagated— (a) by using only reproductive or propagative material that was obtained lawfully; and (b) under controlled conditions. 261H Using restricted plant parts cultivated by cultivator (1) This section applies if any of the following (each a cultivator ) cultivates plant parts taken from a restricted plant using only reproductive or propagative material that was obtained lawfully, and under controlled conditions— (a) a holder of a protected plant growing licence or a relevant person for the holder; (b) a holder of a protected plant harvesting licence or a relevant person for the holder; (c) a person acting under another exemption under this part. (2) The cultivator may use the restricted plant part for any purpose. Note — However, see division 6 for requirements for trading in restricted plants. (3) If asked by a conservation officer, the cultivator must, unless the cultivator has a reasonable excuse, give the officer details about the source of the reproductive or propagative material used for the cultivation. Maximum penalty for subsection (3)—165 penalty units. Page 46 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Division 4 Exemptions for taking and using particular protected plants Subdivision 1 Preliminary 261I What div 4 is about This division is about providing exemptions for taking and using particular protected plants for particular purposes or in particular circumstances. 261J Application of exemptions under div 4 An exemption under this division does not authorise a person to take a protected plant if the taking would require the person to hold a protected plant clearing permit under part 4A. Subdivision 2 Exemptions for taking and using whole protected plants and protected plant parts 261K Taking and using a least concern plant other than a special least concern plant (1) A person may take, by harvest, and use a protected plant that is least concern wildlife, other than a special least concern plant, only if the person, when taking the plant, ensures the taking does not impact on a plant that is endangered, vulnerable or near threatened wildlife growing in close proximity. 2014 SL No. 32 Page 47

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (2) A plant taken under this section may be used for any purpose, including, for example, trade. (3) Nothing in this section allows a person to take a protected plant by clearing. 261L Taking or using protected plants under collection authority for biodiscovery A person may take and use a protected plant on State land if the person— (a) holds a collection authority under the Biodiscovery Act 2004 ; and (b) takes or uses the plant under the collection authority. 261M Chief executive taking and using protected plants The chief executive may take and use a protected plant for conservation purposes. 261N Exemption for Queensland Herbarium employees (1) An employee of the Queensland Herbarium may take and use a protected plant for the purposes for which the Queensland Herbarium was established. (2) A person must not use a whole protected plant or protected plant part taken under this section for trade. Maximum penalty—165 penalty units. Page 48 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 261O Taking particular protected plants for conservation or revegetation program (1) A landholder may take the following protected plants from the land for use in a conservation or revegetation program if the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species— (a) the seed or other propagative material of a plant that is vulnerable, near threatened or least concern wildlife or a special least concern plant; (b) a whole plant that is near threatened or least concern wildlife or a special least concern plant. (2) For subsection (1), land is local to the landholder’s land if it— (a) is adjacent to the landholder’s land; or (b) is included in a conservation or revegetation program that includes the landholder’s land. (3) Seed or other propagative material taken under this section may be propagated at a place other than on the landholder’s land. (4) A person must not use a plant taken under this section for trade. Maximum penalty—165 penalty units. (5) For subsection (4), the landholder does not use seed or propagative material for trade merely because the landholder engages another person to take, propagate or transplant the plant. 2014 SL No. 32 Page 49

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 261P Taking or using protected plants for grazing activities (1) The landholder of private land may take and use a protected plant on the land if— (a) the plant is consumed by stock grazing on the land; and (b) the grazing is authorised or permitted under another law. (2) Also, a person may take and use a protected plant on State land if the plant is taken by stock grazing under a lease, licence, permit or other authority, or an exemption, given under another law. (3) A person must not use a protected plant taken under this section for trade. Maximum penalty—165 penalty units. 261Q Australian Defence Force taking and using particular protected plants (1) A member of the Australian Defence Force may take and use a plant that is near threatened or least concern wildlife or a special least concern plant for food during authorised survival exercises if the plant is taken— (a) under a military standing order; or (b) on private land with the permission of the landholder; or (c) under a permit or other approval under the Forestry Act 1959 . (2) A person must not use a plant taken under this section for trade. Maximum penalty—165 penalty units. Page 50 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] 261R Taking or using marine plant (1) A person may take or use a marine plant under the Fisheries Act 1994 if— (a) the plant is lawfully taken or used under that Act; and (b) the plant is a special least concern plant. (2) A person must not use a marine plant taken under this section for trade. Maximum penalty—165 penalty units. (3) In this section— marine plant see the Fisheries Act 1994 , section 8. Subdivision 3 Exemptions for taking and using protected plant parts 261S Taking protected plant parts for identification or an educational or scientific purpose (1) This section applies if it is necessary for a protected plant to be identified— (a) to enable the chief executive to grant a person a wildlife authority for a protected plant; or (b) for a flora survey; or (c) for a record that may be kept by the Queensland Herbarium; or (d) to carry out an environmental impact assessment study— (i) under an Act; or (ii) as a condition of an approval by a government entity; or 2014 SL No. 32 Page 51

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Page 52 (iii) to ensure the person complies with the general environmental duty under the Environmental Protection Act 1994 . (2) Also, this section applies if the taking of a protected plant part is for an educational or scientific purpose. (3) A person may take up to 2 specimens from a protected plant. (4) However, the person must not take more of the protected plant than will fit on a standard sheet of herbarium paper unless— (a) the person reasonably believes the plant exhibits special life forms and might not be correctly identified if a smaller part of the plant were taken; and (b) the taking will not cause the plant to die. (5) The person must— (a) complete a specimen label for each specimen taken before leaving the place where the specimen is taken; and (b) give each specimen to the Queensland Herbarium within 28 days after taking it. Maximum penalty—20 penalty units. (6) A person must not use a plant part taken under this section for trade. Maximum penalty—165 penalty units. (7) In this section— specimen means part of a plant, including leaves, flowers or fruit— (a) that when taken fits on a single standard sheet of herbarium paper; and (b) the taking of which will not cause the plant to die. 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] specimen label , for a specimen, means a sheet of paper or cardboard kept with the specimen that includes the following information— (a) the name of the person who took the specimen; (b) the place and date the specimen was taken; (c) information required under a condition of an applicable harvest period notice. standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long. 261T Taking or using protected plant parts, other than plant parts that are endangered wildlife etc. (1) A person may take and use a part from a protected plant other than a plant that is endangered wildlife if— (a) the person is the landholder, or has the written approval of the landholder, of the land from which the plant part is taken; and (b) the person takes no more of the plant part from a species of plant than the quantity of the plant part that is specified for the species in the protected plants code of practice. Note — However, see division 6 for requirements for trading in restricted plants. (2) A person must not use seed or other propagative material taken from a relevant plant under subsection (1) for trade. Maximum penalty—165 penalty units. (3) Despite subsection (2), a person who is a member of a recreational plant society may use seed or 2014 SL No. 32 Page 53

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] other propagative material of a relevant plant for trade only if— (a) the person sells the plant part, or plants propagated from the plant part, at an annual show or meeting of the society that is open to the public; and (b) the sale price is not more than a reasonable amount to meet the costs of propagating or taking the plant. (4) Nothing in this section allows a person to take and use a sandalwood plant other than its leaves and twigs. Note — For when a whole plant that is sandalwood is taken, see section 7A. (5) In this section— relevant plant means— (a) a plant of the family Cycadaceae; or (b) a plant of the family Zamiaceae. Page 54 261U Taking or using particular protected plant parts for fodder (1) The landholder of private land may take or use parts of a protected plant, other than a plant that is endangered or vulnerable wildlife, on the land if— (a) both of the following apply— (i) the plant parts are taken and used for fodder for stock on the land; (ii) keeping stock on the land is authorised under another law; or (b) the taking is in the course of an activity done— 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (i) for fodder harvesting under the Vegetation Management Act 1999 ; or (ii) otherwise—in a way that complies with the protected plants code of practice. (2) Also, a person may take and use parts of a protected plant that is near threatened or least concern wildlife or a special least concern plant on State land if— (a) the plant parts are taken or used for fodder for stock on the land under a lease, licence, permit or other authority given, or an exemption, under another law; or (b) the taking is in the course of an activity done for fodder harvesting under the VegetationManagement Act 1999 . (3) A person must not use a protected plant part taken under this section for trade. Maximum penalty—165 penalty units. (4) For subsection (3), a person does not use a plant part for trade merely because the person is keeping stock on the land for a business activity. 261V Taking protected plant parts for sick, injured or orphaned wildlife (1) A person may take parts from a protected plant that is near threatened or least concern wildlife or a special least concern plant if— (a) the plant parts are taken for the care of a sick, injured or orphaned protected animal; and (b) the person— (i) holds a rehabilitation permit for the animal; or 2014 SL No. 32 Page 55

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] (ii) is a veterinary practitioner, veterinary specialist or veterinary surgeon within the meaning of the Veterinary SurgeonsAct1936 or a person acting under the direction of a veterinary practitioner, veterinary specialist or veterinary surgeon. (2) A person mentioned in subsection (1)(b)(i) who takes a plant part under this section must carry a copy of the person’s rehabilitation permit when taking the plant part. Maximum penalty—20 penalty units. (3) A person must not use a protected plant part taken under this section for trade. Maximum penalty—165 penalty units. 261W Taking or using protected plant parts by way of operational salvage (1) A person may take protected plant parts by way of operational salvage. (2) A person may use plant parts taken under this section for any purpose. Note — However, see division 6 for requirements for trading in restricted plants. (3) Nothing in this section allows a person to take and use a sandalwood plant by way of operational salvage other than its leaves, twigs, seeds or propagative material. Note — For when a whole plant that is sandalwood is taken, see section 7A. Page 56 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Division 5 Exemptions for taking protected plants when clearing Subdivision 1 Preliminary 261X What div 5 is about This division is about providing exemptions for the taking of protected plants when clearing protected plants in particular circumstances. 261Y Application of exemptions under div 5 (1) An exemption under this division for taking a protected plant does not authorise a person to use the plant unless— (a) the plant is least concern wildlife, other than a special least concern plant; or (b) the plant is a special least concern plant and is— (i) transplanted somewhere else within the vicinity of the land from which it is taken; or (ii) used or given away for a conservation purpose; or (c) for a protected plant part—the part is taken by way of operational salvage. (2) A plant that may be used under subsection (1)(b) must not be used for trade. Maximum penalty—165 penalty units. 2014 SL No. 32 Page 57

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 33] Subdivision 2 Exemption for taking protected plants in an area other than a high risk area Page 58 261Z Taking protected plants in an area other than a high risk area (1) A person may take a protected plant by clearing if— (a) either— (i) for a person who is a proponent (a proponent ) for a project for which an environmental impact statement is required under a relevant Act—the proponent has received or obtained a copy of the flora survey trigger map for the area to be cleared on or after the relevant TOR date; or (ii) for any other person—the person has received or obtained a copy of the flora survey trigger map for the area to be cleared; and Note — See section 254. (b) the area to be cleared is not within a high risk area; and (c) either— (i) the person is not aware of the presence of any plants that are endangered, vulnerable or near threatened wildlife in the area to be cleared; or (ii) if the person is aware of the presence of plants that are endangered, vulnerable or near threatened wildlife in the area to be cleared—there is no clearing of 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] Maximum penalty—165 penalty units. (3) Nothing in this section restricts the use of the progeny, or parts of the progeny, of restricted plants taken under a protected plant growing licence. 271 Taking of protected plant during harvest period (1) This section applies if— (a) a holder of a protected plant growing licence, or a relevant person for the holder, may take a particular protected plant under the licence; and (b) a harvest period is declared for the plant. (2) The holder, or a relevant person for the holder, may only take the plant during the harvest period for the plant. (3) The holder, or a relevant person for the holder, must comply with the conditions stated in the harvest period notice. Maximum penalty—120 penalty units. (4) However, this section does not apply if a plant is taken by way of salvage. 272 Compliance with sustainable harvest plan The holder of a protected plant growing licence, or a relevant person for the holder, must comply with a sustainable harvest plan approved by the chief executive for the licence. Maximum penalty—165 penalty units. Page 74 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] Division 3 Protected plant harvesting licence Subdivision 1 Purpose of licence 273 Purpose of protected plant harvesting licence The purpose of a protected plant harvesting licence is to allow a person to take a restricted plant in particular circumstances and use the plant to the extent authorised under the licence. Subdivision 2 Grant of licence Note — See also section 137 of the Act. 274 Restrictions on grant of licence (1) Subject to this subdivision, the chief executive may grant a protected plant harvesting licence for the taking of a restricted plant only if the chief executive is satisfied of all of the following— (a) the applicant is the landholder, or has the written approval of the landholder, of the land on which the plant is located; (b) the taking is ecologically sustainable and will not adversely affect the plant’s survival in the wild; (c) the taking complies with the relevant provisions of the protected plants assessment guidelines. (2) However, subsection (1) does not apply if the chief executive is satisfied the licence is only for the taking of whole restricted plants by way of salvage. 2014 SL No. 32 Page 75

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] (3) Also, the chief executive may grant a protected plant harvesting licence for a restricted plant that has not been adequately identified only for the purpose of research, education or conservation. 275 Particular restrictions on grant of licence for particular species or if threat exists The chief executive must not grant a protected plant harvesting licence— (a) to more than 1 person for the same species of protected plant for the same place for the same period; or (b) if the proposed harvesting poses a threat of serious or irreversible environmental damage related to the taking of the plant. Page 76 276 Research and monitoring condition (1) This section applies if the chief executive grants a protected plant harvesting licence for taking protected plant parts. (2) The chief executive may impose a condition (a research and monitoring condition ) on the licence requiring the holder of the licence to— (a) research and monitor the effects of taking plant parts under the licence; and (b) adopt an environmental management system and give a copy of the system to the chief executive when it is adopted and each time it is significantly changed; and (c) establish 1 or more monitoring plots to sample all species of plants taken under the licence; and (d) carry out a yearly survey of the plants in the plots. 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] (3) The holder of the licence must comply with the research and monitoring condition. Maximum penalty—120 penalty units. (4) The holder of the licence must give the chief executive— (a) within 1 month after each monitoring plot is established—a map or sketch showing the location of the plot; and (b) within 1 month after each yearly survey—a statement containing the required information. Maximum penalty—120 penalty units. (5) In this section— environmental management system is an operational plan complying with the Australian/New Zealand Environmental Management Systems Standard 1996. required information means— (a) details of the growth of the plants of each species in the plot measured as average height for— (i) each stem of each plant from which plant parts were taken; and (ii) each plant designated when the plot was established as a plant from which plant parts are not to be taken; and (b) details of the total amount, measured by volume or weight, of material taken from plants of each species in the plot since the last survey. 2014 SL No. 32 Page 77

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] 277 Applicant must prepare sustainable harvest plan (1) An applicant for a protected plant harvesting licence must prepare a sustainable harvest plan to demonstrate that the proposed level of harvest— (a) is ecologically sustainable; or (b) provides a benefit for the conservation of the species of protected plant proposed to be taken under the licence. Examples for paragraph (b) — increasing the extent or abundance of the wild population or improving knowledge of species biology (2) The chief executive must not grant a protected plant harvesting licence until the chief executive has approved the plan. (3) The chief executive may approve a sustainable harvest plan only if the chief executive is satisfied the plan— (a) demonstrates the matters mentioned in subsection (1)(a) or (b); and (b) states the information required under the protected plant assessment guidelines. Page 78 Subdivision 3 Activities authorised by licence 278 Activities authorised by protected plant harvesting licence The holder of a protected plant harvesting licence, or a relevant person for the holder, may— (a) take a restricted plant stated in the licence and use the plant to the extent authorised under the licence; and 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] (b) take any restricted plant by way of contingent salvage. Note — However, see part 3, division 6 for using restricted plants for trade. Subdivision 4 Carrying out activities under licence 279 Taking of protected plant during harvest period (1) This section applies if— (a) the holder of a protected plant harvesting licence, or a relevant person for the holder, may take a particular protected plant under the licence; and (b) a harvest period is declared for the plant. (2) The holder, or a relevant person for the holder, may only take the plant under the licence during the harvest period. (3) The holder, or the relevant person for the holder, must comply with the conditions stated in the harvest period notice. Maximum penalty—120 penalty units. (4) However, this section does not apply if a plant is taken by way of salvage. 280 Compliance with sustainable harvest plan The holder of a protected plant harvesting licence, or a relevant person for the holder, must comply with a sustainable harvest plan approved by the chief executive for the licence. Maximum penalty—165 penalty units. 2014 SL No. 32 Page 79

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] Part 4A Protected plant clearing permits Division 1 Purposes of part 281 Purpose of pt 4A (1) The purpose of this part is to regulate the taking by clearing of protected plants, in particular plants that are endangered, vulnerable or near threatened wildlife. (2) The purpose is achieved by— (a) ensuring areas where protected plants that are endangered, vulnerable or near threatened wildlife and their supporting habitat are present, or are likely to be present, are identified and assessed for risk before clearing; and (b) if clearing can not avoid protected plants that are endangered, vulnerable or near threatened wildlife—regulating the impact on these plants through a protected plant clearing permit; and (c) ensuring any impacts on protected plants that are endangered, vulnerable or near threatened wildlife are managed; and (d) limiting the circumstances in which the chief executive can grant a protected plant clearing permit; and (e) stating the activities a person is authorised to do under a protected plant clearing permit; and (f) regulating the activities of a person acting under a protected plant clearing permit. Page 80 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] (3) In this section— avoid , for a protected plant in an area being cleared, means the plant is not cleared and there is no clearing within 100m of the plant. Division 2 Purpose of permit 282 Purpose of permit (1) The purpose of a protected plant clearing permit is to allow a person to take any protected plant within an area, by clearing the plant in circumstances where— (a) the clearing is for the use of the land on which the plant is located; and (b) the impacts of the clearing on protected plants that are endangered, vulnerable or near threatened wildlife— (i) have been identified; and (ii) can be managed in a way that does not affect the survival of the plants in the wild; and (c) impact management measures are to be implemented. (2) A protected plant clearing permit generally does not allow a person to use a restricted plant. Note — See also section 289(2). 2014 SL No. 32 Page 81

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] Division 3 When permit is required 283 When protected plant clearing permit is required (1) A protected plant clearing permit is required for the taking of all protected plants present in a clearing impact area. (2) A protected plant clearing permit is also required for the taking of all protected plants known to be present in an area to be cleared that is not within a high risk area. Note — See also section 259. Division 4 Restrictions on grant 284 General restrictions on grant of protected plant clearing permit (1) The chief executive may grant a protected plant clearing permit for the taking of a protected plant, by clearing the plant, only if the chief executive is satisfied of the following— (a) the applicant is the landholder, or has the written approval of the landholder, of the land on which the plant is located; (b) the applicant has given the chief executive— (i) for clearing within a clearing impact area—a flora survey report that complies with section 257; or (ii) for clearing in any other area—a document identifying all protected plants that are endangered, vulnerable Page 82 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] or near threatened wildlife the person knows exist in the area to be cleared; (c) the applicant has identified all protected plants that are endangered, vulnerable or near threatened wildlife that the applicant knows will be impacted in the relevant area; (d) if the clearing can not avoid a protected plant that is endangered, vulnerable or near threatened wildlife in the relevant area—the applicant has demonstrated— (i) any impacts the clearing is expected to have on the plant; and (ii) all reasonable attempts have been taken, in accordance with the protected plants assessment guidelines, to manage any impacts on the plant; and (iii) the clearing will not adversely affect the plant’s survival in the wild. Note — See also section 137 of the Act. (2) The chief executive must not approve an application for a protected plant clearing permit if the flora survey or flora survey report for the application do not comply with section 257. (3) In this section— avoid , for a plant in an area being cleared, means the plant is not cleared and there is no clearing within 100m of the plant. relevant area means— (a) for clearing within a clearing impact area—the clearing impact area; or (b) for clearing in any other area—the area to be cleared. 2014 SL No. 32 Page 83

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] 285 Particular circumstances when chief executive may grant protected plant clearing permit (1) The chief executive may grant a protected plant clearing permit without being satisfied of the matters mentioned in section 284(1)(d)(iii) if the chief executive is satisfied— (a) there is an overriding public interest for the permit to be granted for an activity related to a public utility easement for the supply of electricity; and (b) refusal of the permit would impede the provision of an essential community service; and (c) the applicant has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in section 284(1). (2) If the chief executive grants a protected plant clearing permit under subsection (1), the chief executive may— (a) grant the permit with or without conditions; and (b) notify the applicant of the obligation to pay the conservation value. Note — See section 95 of the Act. Page 84 286 Chief executive may grant protected plant clearing permit in relation to particular areas The chief executive may grant a clearing permit for taking protected plants in an area identified under a regulation or conservation plan as, or including, a critical habitat or an area of major interest only if— 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 35] (a) the regulation or plan does not prohibit the granting of the permit; and (b) the chief executive is satisfied the taking of the plants will not have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area. 287 Chief executive may impose conditions on protected plant clearing permit The chief executive may grant a protected plant clearing permit with or without conditions. 288 Chief executive may require offset (1) If the chief executive considers it necessary or desirable for ensuring the viability of 1 or more taxa of protected plant species in the wild, the chief executive may impose a condition on a protected plant clearing permit requiring the applicant for the permit to provide an offset for a clearing activity. (2) In this section— offset includes works or activities undertaken to counterbalance the impacts of a clearing activity on a plant that is endangered, vulnerable or near threatened wildlife. Division 5 Activities authorised under permit 289 Activities authorised by protected plant clearing permit (1) The holder of a protected plant clearing permit, or a relevant person for the holder, may— 2014 SL No. 32 Page 85

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 36] (a) take a protected plant by clearing to the extent authorised under the permit; and (b) otherwise clear all plants in an area to which the permit relates. (2) However, a person may use a restricted plant taken under a protected plant clearing permit only if— (a) either— (i) for a restricted plant part—the part is taken by way of operational salvage; or (ii) for a whole restricted plant—the plant is taken by way of contingent salvage by the holder of a protected plant harvesting licence, or a relevant person for the holder; or (b) the use is authorised under the permit. 36 Renumbering of ch 4, pt 4, div 4 (Authorities for taking or using protected plants) Chapter 4, part 4, division 4— renumber as chapter 4, part 4B. 37 Renumbering of ch 4, pt 4, div 4, sdiv 1 (Aboriginal tradition authorities) Chapter 4, part 4, division 4, subdivision 1— renumber as chapter 4, part 4B, division 1. 38 Renumbering of ch 4, pt 4, div 4, sdiv 2 (Island custom authorities) Chapter 4, part 4, division 4, subdivision 2— renumber as chapter 4, part 4B, division 2. Page 86 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 39] 39 Replacement of ch 4, pt 5 (Provisions about authorised cultivators and propagators) Chapter 4, part 5— omit , insert — Part 5 Miscellaneous provisions 299 Declaration of harvest period (1) The chief executive may, by notice (a harvest period notice ), declare a harvest period for a protected plant. (2) The harvest period notice may impose conditions on the taking of a protected plant during the harvest period, including, for example— (a) the maximum number of plants that may be taken; and (b) the way in which a whole protected plant or protected plant part may be taken; and (c) localities from which a plant must not be taken; and (d) how a plant that is taken may be used. 300 Special least concern plants Each plant mentioned in schedule 3A is prescribed as a special least concern plant for the Act, section 88D(1). 2014 SL No. 32 Page 87

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 40] 40 Amendment of s 335 (Tags not to be used by unauthorised person) Section 335(3), definition authorised person , paragraph (d)— omit, insert — (d) for a tag for protected plants— (i) the holder of a protected plant licence; or (ii) a person who has taken a whole protected plant under an exemption under chapter 4, part 3. 41 Amendment of s 337 (Record of identification of person selling or giving away protected, international or prohibited wildlife) (1) Section 337(a)— insert— (iii) if the protected wildlife is a whole protected plant or protected plant part obtained by the seller under an exemption under chapter 4, part 3—ask the seller to identify the exemption; and (2) Section 337(b)— insert— (iv) if the protected wildlife is a whole protected plant or protected plant part obtained by the seller under an exemption under chapter 4, part 3—the exemption identified by the seller; and (3) Section 337— insert— (2) However, subsection (1) does not apply to a person who buys or accepts a protected plant that Page 88 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 42] is least concern wildlife, other than a special least concern plant. 42 Amendment of s 338 (Record of identification of person buying or accepting protected, international or prohibited wildlife) (1) Section 338(b)— insert— (iv) if the buyer— (A) is a corporation—the name of the corporation; or (B) is a business or a person operating under a business or trading name—the name of the business or the trading name; and (2) Section 338— insert— (2) However, subsection (1) does not apply to the following— (a) a person who sells or gives away a protected plant that is least concern wildlife, other than a special least concern plant; (b) a person who sells or gives away a protected plant in the course of a retail activity to a buyer for the buyer’s personal use. 43 Amendment of s 345 (Procedure if wildlife stolen) (1) Section 345(4)— renumber as section 345(6). (2) Section 345— insert— 2014 SL No. 32 Page 89

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 44] (4) A reference in this section to wildlife is, for protected plants, a reference only to a whole protected plant that is— (a) a restricted plant; and (b) taken from the wild; and (c) required to be tagged under this regulation. (5) This section does not apply to wildlife that is a protected plant if the plant is kept for personal use. 44 Insertion of new s 348A After section 348— insert — 348A Approved tags for protected plants taken by way of salvage (1) This section applies— (a) to a person who harvests a whole protected plant by way of salvage; and (b) the plant is to be used for trade. (2) The person must apply to the chief executive to be supplied with an official tag for each plant. (3) The application must be in the approved form. (4) A person must not state anything in an application that the person knows is inaccurate or misleading in a material particular. Maximum penalty for subsection (4)—100 penalty units. Page 90 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 45] 45 Amendment of s 352 (No conservation value payable for protected wildlife taken under particular authorities) Section 352(g)— omit . 46 Omission of ch 8, pt 4 (Amendments of Protected Plants Conservation Plan) Chapter 8, part 4— omit . 47 Insertion of new ch 9 After section 384— insert — Chapter 9 Transitional provision 385 Taking protected plant if authorised in particular circumstances (1) This section applies if a person was authorised to take a protected plant by clearing in the course of an activity under— (a) an authority, that was in force immediately before the commencement of this section, made, granted or given under another Act by the Governor in Council; or (b) a mining lease or a petroleum lease that was in force immediately before the commencement of this section. (2) The person may continue to take the plant in the way the taking was authorised under the authority mentioned in subsection (1)(a) or the mining lease or petroleum lease. 2014 SL No. 32 Page 91

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 48] (3) A person who takes a protected plant under this section has an exemption for offences for taking protected plants under section 89 of the Actor using protected plants under section 90 of the Act. (4) In this section— mining lease means a mining lease granted under the Mineral Resources Act 1989 . petroleum lease means a petroleum lease granted under the Petroleum Act 1923 . 48 Insertion of new sch 3A After schedule 3— insert — Schedule 3A Special least concern plants section 300 Page 92 Plants of the following families— Adiantaceae, other than Adiantum formosum Alismataceae Amaryllidaceae Blechnaceae, other than Blechnum cartilagineum and Doodia aspera Burmanniaceae Byblidaceae Campanulaceae, other than Isotoma anethifolia ; Cymodoceaceae Dicksoniaceae, other than Calochlaena dubia 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 48] Doryanthaceae Dracaenaceae, other than Cordyline petiolaris and Cordyline rubra Droseraceae Dryopteridaceae Gesneriaceae Goodeniaceae ( Brunonia only) Grammitidaceae Hydrocharitaceae Hymenophyllaceae Juncaginaceae Lentibulariaceae Lycopodiaceae, other than Lycopodiella cernua Menyanthaceae Najadaceae Nelumbonaceae Nepenthaceae Nymphaeaceae Orchidaceae Podostemaceae Potamogetonaceae Schizaeaceae Stylidiaceae, other than Stylidium graminifolium Tmesipteridaceae Vittariaceae Zosteraceae Plants of the following genera— Blandfordia (Christmas bells) 2014 SL No. 32 Page 93

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] Brachychiton Hydnophytum Livistona Microsorum Myrmecodia Platycerium Xanthorrhoea Plants of the following species— Santalum lanceolatum (sandalwood) 49 Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions approved way , authorised cultivator , authorised propagator , controlled conditions and propagator’s tag — omit. (2) Schedule 5— insert — approved trade label see section 261ZK(2). clearing impact area see section 249. conservation purpose , for a protected plant— 1 A protected plant is used for a conservation purpose when it 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. Example — a protected plant used in rehabilitation or revegetation activities 2 A protected plant is also used for a conservation purpose if the plant is given away to— Page 94 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] (a) a voluntary conservation organisation; or (b) a volunteer community organisation. contingent salvage , of a whole restricted plant, means the harvesting of the plant by the holder of a protected plant harvesting licence, or a relevant person for the holder, if— (a) the land from which the plant is harvested is lawfully cleared— (i) under a protected plant clearing permit; or (ii) in the course of an activity under a mining lease or petroleum lease to which section 385 applies; or (iii) for a government infrastructure project; or (iv) to harvest a timber plantation; or (v) under a development approval under the Sustainable Planning Act 2009 ; and (b) the plant— (i) would otherwise be destroyed by the clearing; or (ii) is not the subject of a condition of a clearing permit allowing the use of plants for an impact management measure; and (c) the use of the plant is not the primary reason for the clearing. controlled conditions means— (a) for cultivating a protected plant, conditions under which the plant’s reproduction and growth are actively manipulated which are 2014 SL No. 32 Page 95

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] achieved by, for example, irrigation, weed and disease control, tillage and fertilising; or (b) for propagating a protected plant, conditions under which the plant’s reproduction and growth are actively manipulated which are achieved by nursery operations, including, for example, potting, bedding, watering and protection from the weather. flora survey see section 250(1). flora survey guidelines see section 253(1). flora survey report see section 250(2). flora survey trigger map see section 247. harvest , for a whole protected plant or protected plant part— (a) means taking the plant or plant part in the wild to be used; but (b) does not include taking, by clearing, the plant or plant part in the wild for the use of the land from which the plant or plant part is taken. high risk area see section 248. impact management measure means a work or activity undertaken to ensure the survival of a protected plant that is endangered, vulnerable or near threatened wildlife. Examples of impact management measures — transplanting or propagating an endangered, vulnerable or near threatened plant species official tag , for a protected plant, means— (a) a tag supplied by the chief executive, under chapter 8, part 2, for attaching to the plant; or Page 96 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] 2014 SL No. 32 (b) for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State. operational salvage , of a protected plant part, means the harvesting of the plant part if— (a) the land from which the plant part is harvested is cleared or disturbed by repetitive, routine weed control activities, including, for example, slashing, ploughing or poisoning; and (b) the activities are carried out to allow the land to be used for— (i) forest management; or (ii) road safety; or (iii) maintaining electricity, water, gas, telecommunication or another service facility; and (c) the plant part— (i) is taken in carrying out the activities; and (ii) would otherwise be destroyed by carrying out the activities; and (d) the type of plant from which the part is taken will normally regenerate even if a significant proportion of the parts of the plant that are above ground are taken or die; and (e) the use of the plant part is not the primary reason for carrying out the activities. personal use , of a protected plant— (a) means a use of the plant for a purpose other than for trade; and Page 97

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] Page 98 (b) includes the taking of a protected plant part for use in a local government’s botanic garden or park. private land means— (a) freehold land; or (b) land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple. protected plant licence means a protected plant growing licence or protected plant harvesting licence. protected plant trade exemption see section 261ZH. protected plants assessment guidelines means the assessment guidelines for considering applications for wildlife authorities for protected plants approved or made by the chief executive under section 174B of the Act. Note — A copy of the guidelines as in force from time to time is available for inspection on the department’s website. See section 174B(3) of the Act. restricted plant means a protected plant that is any of the following— (a) endangered wildlife; (b) vulnerable wildlife; (c) near threatened wildlife; (d) a special least concern plant. Note — 1 See the Wildlife Regulation, schedule 2, part 2 about plants that are endangered wildlife. 2 See the Wildlife Regulation, schedule 3, part 2 about plants that are vulnerable wildlife. 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 3 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 49] 3 See the Wildlife Regulation, schedule 5, part 2 about plants that are near threatened wildlife. salvage means contingent salvage or operational salvage. sandalwood means a plant of the species Santalum lanceolatum . State land means— (a) unallocated State land under the LandAct1994 ; or (b) a reserve for community purposes under the Land Act 1994 ; or (c) a State forest or timber reserve under the Forestry Act 1959 ; or (d) a forest reserve; or (e) land subject to a lease or licence under the Land Act 1994 ; or (f) a State-controlled road or local government road under the Transport Infrastructure Act1994 . supporting habitat , for a protected plant, means the components, including other plants, of the habitat of a protected plant necessary for the plant’s survival at any stage of its life cycle located within 100m of the protected plant. sustainable harvest plan , for a protected plant licence, means a plan about the harvesting of protected plants that may be taken under the licence and the ecological sustainability or benefits of the proposed harvest. trade , for restricted plants, see section 6A. 2014 SL No. 32 Page 99

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 4 Amendment of State Penalties Enforcement Regulation 2000 [s 50] (3) Schedule 5, definition stock plant , paragraph (a), ‘commercial wildlife harvesting licence’— omit, insert — protected plant growing licence Part 4 Amendment of State Penalties Enforcement Regulation 2000 50 Regulation amended This part amends the StatePenaltiesEnforcementRegulation 2000. 51 Amendment of sch 2 (Environmental legislation) (1) Schedule 2, entry for NatureConservationAct1992 , after entry for section 88C(3)— insert— s 89(1)(a), for a class 3 offence under s 89 . . . . . . s 89(1)(a), for a class 4 offence under s 89 . . . . . . s 89(4), for a class 3 offence under s 89 . . . . . . . . s 89(4), for a class 4 offence under s 89 . . . . . . . . 15 4 15 4 (2) Schedule 2, entry for Nature Conservation (Protected Plants) Conservation Plan 2000 — omit . (3) Schedule 2, entry for NatureConservation(WildlifeManagement) Regulation 2006 , entry for section 28(2)— omit. Page 100 2014 SL No. 32

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 4 Amendment of State Penalties Enforcement Regulation 2000 [s 51] (4) Schedule 2, entry for NatureConservation(WildlifeManagement)Regulation2006 , entries for sections 244 to 304(2)— omit, insert— s 243(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 243(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 245(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 246(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 246(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261D(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261G(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261H(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261N(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261O(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261P(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261Q(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261R(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261S(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261S(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261T(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261U(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261V(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261V(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261Y(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261Z(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZA(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZJ(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZK(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZL(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZM(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 261ZM(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 3 4 4 4 3 5 5 5 5 5 5 5 1 5 5 5 1 5 5 4 5 4 5 5 4 5 2014 SL No. 32 Page 101

Nature Conservation and Other Legislation Amendment and Repeal Regulation (No. 1)2014 Part 5 Repeal [s 52] s 261ZM(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 270(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 270(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 271(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 276(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 276(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 279(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 5 4 5 4 4 4 5 Part 5 Repeal 52 Repeal The following subordinate legislation is repealed— • Nature Conservation (Protected Plants) Conservation Plan 2000, SL No. 353 • Nature Conservation (Protected Plants Harvest Period) Notice 2013, SL No. 33. ENDNOTES 1 Made by the Governor in Council on 27 March 2014. 2 Notified on the Queensland legislation website on 28 March 2014. 3 The administering agency is the Department of Environment and Heritage Protection. © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 102 2014 SL No. 32