Nature Conservation (Plants) Regulation 2020 (Qld)

Nature Conservation (Plants) Regulation 2020

Chapter 1    Introduction

Part 1    Preliminary

1   Short title

This regulation may be cited as the Nature Conservation (Plants) Regulation 2020.

2   Commencement

This regulation commences on 22 August 2020.

Part 2    Interpretation

3   Definitions

The dictionary in schedule 5 defines particular words used in this regulation.

4   Meaning of trade

(1)A person uses a protected plant for trade if the person—

(a)uses the plant for gain or reward (a commercial purpose); or

(b)uses the plant for a purpose related to a commercial purpose; or

(c)otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward.

Examples—

•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

(2)Without limiting subsection (1)(a), a person uses a plant for a commercial purpose if the person—

(a)takes or uses the plant—

(i)as part of a business; or

(ii)for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016; or

(b)buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or

(c)takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or

(d)brings the plant, or has the plant brought, into the State for the main purpose of selling the plant.

(3)However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.

Note—

See also sections 41(3) and 42(2).

5   Meaning of relevant person

A relevant person, for the holder of a plant authority, is—

(a)for an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or

(b)for another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or

(c)for another authority if the holder is a corporation—

(i)the person in charge for the authority; or

(ii)an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i).

6   Meaning of whole of plant

(1)The whole of a plant includes the following—

(a)in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind;

(b)in relation to taking a plant that propagates by creeping rhizomes—

(i)each continuous piece of rhizome bearing living fronds; and

(ii)any removed section of joined rhizomes bearing living fronds;

(c)if the plant is sandalwood—the trunk, a log or timber of sandalwood;

(d)if a person divides the plant into 1 or more viable plants—each viable plant.

(2)However, the whole of a plant does not include an ungerminated seed.

7   References to classes of wildlife

In this regulation, a reference to a plant of a particular class is a reference to a plant that is prescribed as wildlife of that class by chapter 2.

Example—

A reference to a least concern plant is a reference to a plant that is prescribed as least concern wildlife by chapter 2.

8   Scientific names

The scientific names used for plants mentioned in this regulation follow the names used in the most recent census of the Queensland flora and fungi—

(a)prepared by the Queensland Herbarium; and

(b)available on the Queensland Government Open Data Portal.

Editor’s note—

The Queensland Government Open Data Portal is at relating to plant authorities

(1)A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4, parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5.

Example—

A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5.

(2)A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to—

(a)more than 1 plant; or

(b)plants of different types or species.

9A   Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).

Part 3    Application of regulation

10   Protected areas

(1)Chapter 2, parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area.

(2)This regulation does not otherwise apply in relation to a plant in a protected area.

Chapter 2    Classification of plants, declared management intent and conservation values

Part 1    Preliminary

11   Purpose of chapter

This chapter—

(a)prescribes classes of plants for part 5, division 2 of the Act; and

(b)provides for the declared management intent applying to each class of plant for section 72(2) of the Act; and

(c)prescribes special least concern plants for section 88D(1) of the Act; and

(d)prescribes the conservation value for particular plants for section 95 of the Act.

Part 2    Protected wildlife

12   Extinct wildlife

The declared management intent applicable to a plant being managed as extinct wildlife is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 1.

Note—

See schedule 1, section 3(g) for circumstances in which a plant that is extinct wildlife is to be managed as if it were critically endangered wildlife.

13   Extinct in the wild wildlife

(1)For section 77 of the Act, a plant mentioned in schedule 1, part 2, division 2, subdivision 1 is prescribed as extinct in the wild wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 2, subdivision 2.

Note—

See schedule 1, section 7(g) for circumstances in which a plant that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.

14   Critically endangered wildlife

(1)For section 78 of the Act, a plant mentioned in schedule 1, part 2, division 3, subdivision 1 is prescribed as critically endangered wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 3, subdivision 2.

15   Endangered wildlife

(1)For section 78A of the Act, a plant mentioned in schedule 1, part 2, division 4, subdivision 1 is prescribed as endangered wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 4, subdivision 2.

16   Vulnerable wildlife

(1)For section 78B of the Act, a plant mentioned in schedule 1, part 2, division 5, subdivision 1 is prescribed as vulnerable wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 5, subdivision 2.

17   Near threatened wildlife

(1)For section 79 of the Act, a plant mentioned in schedule 1, part 2, division 6, subdivision 1 is prescribed as near threatened wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 6, subdivision 2.

Note—

See schedule 1, section 23(h) for circumstances in which a plant that is near threatened wildlife is to be managed as if it were another class of wildlife.

18   Least concern wildlife

(1)For section 80 of the Act, a plant mentioned in schedule 1, part 2, division 7, subdivision 1 is prescribed as least concern wildlife.

(2)The declared management intent applicable to a plant mentioned in subsection (1) is to manage the plant having regard to the matters mentioned in schedule 1, part 2, division 7, subdivision 2.

Part 3    Special least concern plants

19   Special least concern plants

For section 88D(1) of the Act, a plant mentioned in schedule 2 is prescribed as a special least concern plant.

Part 4    Conservation values for protected plants

20   Conservation value for classes of protected plants

For section 95(1) of the Act, an amount mentioned in schedule 3, column 2 is prescribed as the conservation value for a protected plant in the class mentioned in schedule 3, column 1 opposite the value.

Chapter 3    Dealing with protected plants under exemptions

Part 1    General exemptions for taking protected plants

Division 1 Preliminary

21   Exemption for taking protected plants—Act, s 89

A person has an exemption for section 89(1) of the Actto take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant.

Note—

Chapter 4 provides for taking and using protected plants under a plant authority.

Division 2 Exemptions

22   Avoiding or reducing risk of death or serious injury to a person

An exemption applies to a person who takes a protected plant that is in the wild if—

(a)the taking is necessary and reasonable to avoid or reduce an imminent risk of death or serious injury to a person; and

(b)the taking can not reasonably be avoided or minimised.

23   Avoiding or reducing risk of serious damage to buildings or property

An exemption applies to a person who takes a protected plant that is in the wild if—

(a)the taking is necessary and reasonable to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property; and

(b)significant economic loss may be suffered by any person if the damage is not prevented or controlled; and

(c)the taking can not reasonably be avoided or minimised.

24   Particular persons acting under Fire Services Act 1990

An exemption applies to a person who takes a protected plant that is in the wild if—

(a)the taking is, or is a necessary part of, a measure that is—

(i)authorised under the Fire Services Act 1990, section 145F(1)(c), 145G(3) or 149I(1); or

(ii)required under section 145G(1) or 149I(2)(j) of that Act; or

(b)the taking is by a person lighting a fire that is—

(i)authorised under a notification under the Fire Services Act 1990, section 145A or a permit granted under section 145C of that Act; and

(ii)necessary as a means of fire hazard reduction.

Part 2    General exemptions for using protected plants

Division 1 Preliminary

25   Exemption for using protected plants—Act, s 90

A person has an exemption for section 90(1) of the Actto use a protected plant if this part states an exemption applies to the person for using the plant.

Notes—

1Section 146 requires a person using a protected plant under an exemption in this part to comply with the plant exemptions code.

2Chapter 4 provides for taking and using protected plants under a plant authority.

Division 2 Exemptions

26   Landholders gaining benefit

An exemption applies to a landholder of private land who gains a benefit for allowing a person to take a protected plant from the landholder’s land if the taking is authorised under the Act.

27   Particular persons using protected plants for personal use

(1)An exemption applies to a person who uses a protected plant for the person’s own personal use if the person lawfully obtains the plant other than by taking it.

Example—

A person buys a protected plant from a nursery for the person’s own personal use.

(2)An exemption applies to the holder of a protected plant licence, or a relevant person for the holder, who uses a protected plant taken under the licence for the holder’s own personal use.

(3)However, subsection (2) applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, only if the licence does not otherwise state the extent to which a plant may be used for personal use under the licence.

(4)An exemption applies to a person who moves a protected plant to or from any place within, inside or outside of the State for the person’s own personal use.

28   Particular persons using protected plants for trade

(1)An exemption applies to a person who uses, for trade, a protected plant if—

(a)the person lawfully obtains the plant other than by taking it; and

(b)another exemption under this chapter does not apply to the person for using the plant.

(2)An exemption applies to the holder of a protected plant growing licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence unless the use of the plant—

(a)is selling the plant; or

(b)is giving away the plant if the plant is to be used for trade.

Examples for paragraph (b)—

•giving away a plant taken under the licence to a person for selling the plant

•giving away a plant taken under the licence to a property developer for use in landscaping a property development

•giving away a plant taken under the licence to a person who has purchased, or otherwise proposes to carry on, a protected plant growing licence holder’s business of growing plants

(3)An exemption applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses, for trade, a protected plant taken under the licence only if the licence does not otherwise state the extent to which the plant may be used for trade under the licence.

29   Propagated whole restricted plants

An exemption applies to a person who uses a whole restricted plant if—

(a)the person—

(i)is the holder of a protected plant licence, or a relevant person for the holder; or

(ii)is acting under another exemption stated in this chapter; and

(b)the person propagates the plant under controlled conditions—

(i)by using only reproductive or propagative material that was obtained lawfully; and

(ii)for a stock plant taken in the wild under a protected plant growing licence—by dividing the stock plant 12 months or more after it was taken from the wild.

30   Cultivated parts of restricted plants

An exemption applies to a person who uses a part of a restricted plant if—

(a)the person—

(i)is the holder of a protected plant licence, or a relevant person for the holder; or

(ii)is acting under another exemption under this chapter; and

(b)the person cultivates the part under controlled conditions using only reproductive or propagative material that was obtained lawfully.

Part 3    General exemptions for taking and using protected plants

Division 1 Preliminary

31   Exemption for taking and using protected plants—Act, ss 89 and 90

A person has an exemption—

(a)for section 89(1) of the Actto take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant; and

(b)for section 90(1) of the Actto use a protected plant if this part states an exemption applies to the person for using the plant.

Notes—

1Section 146 requires a person taking or using a protected plant under an exemption in this part to comply with the plant exemptions code.

2Chapter 4 provides for taking and using protected plants under a plant authority.

Division 2 Taking and using generally

32   Least concern plants, other than special least concern plants, taken for use of plant

An exemption applies to a person who takes and uses a least concern plant, other than a special least concern plant, if—

(a)the person takes the plant other than by clearing; and

(b)the person, when taking the plant, ensures the taking does not impact on a threatened plant or near threatened plant growing in close proximity to the plant; and

(c)the person’s primary reason for taking the plant is to use the plant.

33   Marine plants that are special least concern plants

An exemption applies to a person who takes or uses, other than for trade, a marine plant under the Fisheries Act 1994 if—

(a)the plant—

(i)is lawfully taken by the person under that Act; or

(ii)is used by the person under that Act; and

(b)the plant is a special least concern plant; and

(c)for a plant that is taken by the person—the plant is taken primarily for using the plant.

34   Queensland Herbarium employees

(1)An exemption applies to an employee of the Queensland Herbarium who takes and uses, other than for trade, a protected plant for the purposes for which the Queensland Herbarium was established.

(2)However, subsection (1) applies only if the plant is taken by the employee primarily for using the plant.

35   Members of Australian Defence Force

(1)An exemption applies to a member of a unit of the Australian Defence Force who takes and uses, other than for trade, a near threatened plant or least concern plant for food for training members of the unit about survival in the wild if—

(a)the plant—

(i)is taken under a military standing order prepared for the unit; or

(ii)is taken on private land with the permission of the landholder; or

(iii)is taken under a permit or other approval under the Forestry Act 1959; and

(b)the plant is taken by the member primarily for using the plant for food for training.

(2)In this section—

member, of a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth), section 4.

military standing order means a standing order that—

(a)is a general order under the Defence Force Discipline Act 1982 (Cwlth); and

(b)includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.

Note—

A copy of the military standing orders to which this section applies may be inspected at the department’s head office.

36   Conservation or revegetation program

(1)An exemption applies to a landholder who takes and uses, other than for trade, a relevant plant if—

(a)the landholder takes the plant from the landholder’s land; and

(b)the landholder takes the plant primarily for using the plant in a conservation or revegetation program; and

(c)the landholder uses the plant in a conservation or revegetation program; and

(d)the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species of relevant plant taken.

(2)Without limiting subsection (1)(c), using a relevant plant in a conservation or revegetation program includes propagating a seed or other propagative material of the plant at a place other than on the landholder’s land.

(3)For subsection (1)(d), land is local to the landholder’s land if the land—

(a)is adjacent to the landholder’s land; or

(b)is included in a conservation or revegetation program that includes the landholder’s land.

(4)In this section—

relevant plant means—

(a)a seed or other propagative material of a vulnerable plant, near threatened plant or least concern plant; or

(b)a whole protected plant that is a near threatened plant or least concern plant.

37   Grazing activities on private land

An exemption applies to a landholder of private land who takes and uses, other than for trade, 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; and

(c)the plant is taken primarily for using the plant for grazing.

38   Grazing activities on State-related land

An exemption applies to a person who takes and uses, other than for trade, a protected plant on State-related land if—

(a)the plant is taken by the person’s stock grazing on the land under a lease, licence, permit or other authority, or an exemption, under another law; and

(b)the plant is taken primarily for using the plant for grazing.

Division 3 Taking and using parts of protected plants

39   Identification, educational or scientific purpose

(1)An exemption applies to a person who takes and uses, other than for trade, up to 2 parts of a protected plant if—

(a)either—

(i)it is necessary for the plant to be identified for an identification purpose; or

(ii)each part of the plant is taken and used for an educational or scientific purpose; and

(b)the part of the plant is taken by the person primarily for a purpose mentioned in paragraph (a); and

(c)each part of the plant taken—

(i)is not more than would fit on a standard sheet of herbarium paper; or

(ii)if the person reasonably believes the plant exhibits a special life form and might not be correctly identified by complying with subparagraph (i)—is not more than is necessary for the plant to be identified.

Note—

See also section 148 about dealing with parts of protected plants taken under this section.

(2)In this section—

identification purpose means any of the following purposes—

(a)to enable the chief executive to grant a plant authority;

(b)to carry out a flora survey;

(c)to make a record that may be kept by the Queensland Herbarium;

(d)to carry out an environmental impact assessment study—

(i)under a condition of an approval by a government entity; or

(ii)under the Environmental Protection Act 1994 to ensure the person complies with the general environmental duty; or

(iii)otherwise under an Act.

scientific purpose includes an anthropological, archaeological or sociological purpose.

standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long.

40   Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval

(1)An exemption applies to a person who takes and uses a part of a protected plant, other than a critically endangered plant or endangered plant, if—

(a)the person is the landholder, or has the written approval of the landholder, of the land from which the part is taken; and

(b)the person takes no more parts from a species of plant than the quantity of the parts that is stated for the species in the plant exemptions code; and

(c)the person’s primary reason for taking the part is to use the part.

(2)However, if the person takes a seed or other propagative material of a plant of the family Cycadaceae or Zamiaceae, the exemption applies—

(a)if the person is not a member of a recreational plant society—only to the extent the person does not use the part of the plant for trade; or

(b)if the person is a member of a recreational plant society—for using the part of the plant for trade only if—

(i)the member sells the part, or a plant propagated from the part, at an annual show or meeting of the society that is open to the public; and

(ii)the sale price of the part or plant is not more than a reasonable amount to meet the costs of taking the part or propagating the plant.

41   Fodder on private land

(1)An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if—

(a)the part is taken and used for fodder for stock lawfully kept on the land; and

(b)the part is taken primarily for using the part for fodder.

(2)An exemption applies to a landholder of private land who takes or uses, other than for trade, a part of a near threatened plant or least concern plant on the land if—

(a)the part is taken in the course of an activity done—

(i)for fodder harvesting under the Vegetation Management Act 1999; or

(ii)otherwise for the purpose of fodder for stock on the land; and

(b)the part is taken primarily for using the part for fodder.

(3)A landholder mentioned in subsection (1) or (2) does not use a part of a near threatened plant or least concern plant for trade merely because the landholder uses the part for a business of keeping stock on the land.

42   Fodder on State-related land

(1)An exemption applies to a person who takes and uses, other than for trade, a part of a near threatened plant or least concern plant on State-related land if—

(a)the part—

(i)is taken or used for fodder for the person’s stock on the land under a lease, licence, permit or other authority, or an exemption, under another law; or

(ii)is taken in the course of an activity done for fodder harvesting under the Vegetation Management Act 1999; and

(b)the part is taken primarily for using the part for fodder.

(2)The person does not use the part for trade merely because the person uses the part for a business of keeping stock on the land.

43   Sick, injured or orphaned protected animals

An exemption applies to a person who takes or uses, other than for trade, a part of a near threatened plant or least concern plant if—

(a)the person takes the part for the care of a sick, injured or orphaned protected animal; and

(b)the person—

(i)holds a rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 for the protected animal; or

(ii)is a veterinary practitioner, veterinary specialist or veterinary surgeon under the Veterinary Surgeons Act 1936; or

(iii)is acting under the direction of a person mentioned in subparagraph (ii); and

(c)the person’s primary reason for taking the part is to use the part for the care of a sick, injured or orphaned protected animal.

44   Operational salvage

An exemption applies to a person who takes or uses a part of a protected plant if the part is taken by way of operational salvage of the part.

Note—

For the meaning of the whole of sandalwood, see section 6.

Division 4 Taking by clearing and use

45   Least concern plants taken by clearing

(1)An exemption applies to a person who uses a least concern plant, other than a special least concern plant, taken by clearing under an exemption in this division.

(2)An exemption applies to a person who uses, other than for trade, a special least concern plant taken by clearing under an exemption in this division if—

(a)the plant is transplanted somewhere else within the vicinity of the land from which it is taken; or

(b)the plant is used for a conservation purpose.

(3)For subsection (2)(b), a special least concern plant is used for a conservation purpose if the plant—

(a)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; or

Example for paragraph (a)—

a special least concern plant used in a rehabilitation or revegetation activity

(b)is given to a voluntary conservation organisation or volunteer community organisation.

46   Areas other than high risk areas—proponent for particular projects

(1)An exemption applies to a proponent for a relevant project who takes a protected plant in an area by clearing (the clearing area) if—

(a)the proponent obtains or receives a copy of the flora survey trigger map for the clearing area on or after the relevant TOR date for the environmental impact statement for the relevant project; and

(b)the flora survey trigger map shows the clearing area is not within a high risk area; and

(c)either—

(i)the proponent is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or

(ii)the proponent is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and

(d)the taking of the plant happens within 5 years from the relevant TOR date for the environmental impact statement.

(2)In this section—

environmental impact statement means an environmental impact statement within the meaning of the relevant Act under which the statement is required.

relevant Act means any of the following laws—

(a)the Environmental Protection Act 1994;

(b)the State Development and Public Works Organisation Act 1971;

(c)the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

relevant project means a project for which an environmental impact statement is required under a relevant Act.

relevant TOR date, for an environmental impact statement for a relevant project, means—

(a)for the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)—the day the EIS guidelines under that Act are given to the proponent for the relevant project; or

(b)for another relevant Act—the day the final terms of reference for the environmental impact statement are published or otherwise given to the proponent for the relevant project.

47   Areas other than high risk areas—other persons

An exemption applies to a person, other than a proponent mentioned in section 46, who takes a protected plant in an area by clearing (the clearing area) if—

(a)the person obtains or receives a copy of the flora survey trigger map for the clearing area before starting the clearing; and

(b)the flora survey trigger map shows the clearing area is not within a high risk area; and

(c)either—

(i)the person is not aware of the presence of a threatened plant or near threatened plant in the clearing area; or

(ii)the person is aware of the presence of a threatened plant or near threatened plant in the clearing area but the plant is not cleared and there is no clearing within 100m of the plant; and

(d)the taking of the plant happens within 12 months after the day the person obtains or receives the copy of the flora survey trigger map.

48   High risk areas

An exemption applies to a person who takes a protected plant in an area within a high risk area by clearing (the clearing area) if—

(a)the person prepares a flora survey report for the clearing impact area; and

(b)either—

(i)the flora survey report identifies that a threatened plant or near threatened plant is not present in the clearing impact area; or

(ii)the flora survey report identifies that a threatened plant or near threatened plant is present in the clearing impact area but the plant is not cleared and there is no clearing within 100m of the plant; and

(c)the person takes the plant in the clearing area within 3 years after the day the flora survey to which the flora survey report relates is completed.

49   Particular maintenance activities

(1)An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for any of the following maintenance activities for an existing land use of the area—

(a)routine maintenance of existing infrastructure;

(b)maintenance in the course of a plantation management activity on land that was previously lawfully cleared;

(c)maintenance in the course of a cropping activity on land that was previously lawfully cleared.

(2)In this section—

cropping activity means an activity undertaken for the management of a cropping area, including site preparation, weed control, harvesting and harvest debris clearing.

existing infrastructure means infrastructure that exists before a plant is taken under this section.

existing land use, of an area, means a use of the land in the area that—

(a)is a lawful use of the land under another law; and

(b)is in existence before a plant is taken in the area under this section.

plantation management activity means an activity undertaken for the management of a tree plantation, including site preparation, weed control, harvesting and harvest debris clearing.

routine maintenance, of existing infrastructure, means maintenance—

(a)necessary to maintain infrastructure established under the Electricity Act 1994 for the generation, transmission or distribution of electricity, undertaken for an electricity entity under that Act; or

(b)necessary to maintain transport infrastructure under the Transport Infrastructure Act 1994; or

(c)necessary to maintain other infrastructure (other than contour banks) including a building, or other structure, built or used for any purpose.

Examples of infrastructure for paragraph (c)—

core airport infrastructure, fences, helipads, oil, gas or water pipelines, roads, stockyards, vehicular tracks, watering facilities, constructed drains

Examples of routine maintenance—

slashing, mowing, pruning or trimming of plants

50   Firebreaks or fire management lines

(1)An exemption applies to a person who takes a protected plant in an area if the person takes the plant by clearing for—

(a)establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to the wider of the following—

(i)1.5 times the height of the tallest vegetation next to the infrastructure;

(ii)20m; or

(b)establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m.

(2)In this section—

infrastructure includes a building, or other structure, built or used for any purpose.

51   Compliance with accepted development vegetation clearing code

(1)An exemption applies to a person who takes a protected plant in an area by clearing if the taking complies with the requirements applying to the area under—

(a)the accepted development vegetation clearing code for managing encroachment; or

(b)the accepted development vegetation clearing code for managing weeds.

(2)In this section—

accepted development vegetation clearing code see the Vegetation Management Act 1999, section 19O(1) and (2).

52   Authority under another law

An exemption applies to a person who takes a protected plant in an area by clearing if—

(a)the taking is assessed and authorised under another law in a way that is consistent with the protected plants assessment guidelines; and

(b)the taking is only to the extent authorised under the other law; and

(c)at least 7 days before the taking starts, the person gives the chief executive—

(i)notice of the taking; and

(ii)a copy of the authorisation for the taking under the other law.

53   Conservation purposes

An exemption applies to a person who takes a protected plant in an area by clearing if—

(a)the taking is for the purpose of conservation only, and to the extent necessary, to achieve the purpose; and

(b)the taking causes disturbance to another protected plant only to the extent necessary to remove the plant being taken.

54   Area already cleared—particular permits

An exemption applies to a person who takes a protected plant in an area by clearing if—

(a)the taking is within an area from which the person has already taken plants under a protected plant clearing permit, whether or not the permit ended before the commencement; and

(b)the taking is only to the same extent as the taking that is or was authorised as lawful under the permit; and

(c)the taking happens within 10 years from the day the permit is granted.

55   Area already cleared—high risk areas

An exemption applies to a person who takes a protected plant in an area by clearing if—

(a)the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption)—

(i)an exemption under section 48;

(ii)an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006, section 261ZA; and

(b)the taking is only to the same extent as the taking that is or was lawful under the first exemption; and

(c)the taking happens within 10 years from the day the person—

(i)for plants taken under an exemption mentioned in paragraph (a)(i)—prepared the flora survey report required for the exemption; or

(ii)for plants taken under an exemption mentioned in paragraph (a)(ii)—gave the flora survey report required for the exemption.

56   Area already cleared—authority under another law

An exemption applies to a person who takes a protected plant in an area by clearing if—

(a)the taking is within an area from which the person has already taken plants under either of the following exemptions (each the first exemption)—

(i)an exemption under section 52;

(ii)an exemption under the repealed Nature Conservation (Wildlife Management) Regulation 2006, section 261ZF; and

(b)the taking is only to the same extent as the taking that is or was lawful under the first exemption; and

(c)the taking happens within 10 years from the day the authorisation required for the first exemption was given to the person.

Part 4    Other exemptions

57   Exemption for taking and using protected plants under particular authority or lease—Act, ss 89 and 90

(1)A person has an exemption for section 89(1) of the Actto take a protected plant that is in the wild if the person takes the plant by clearing—

(a)in the course of an activity under—

(i)an authority made, granted or given under another Act by the Governor in Council before 31 March 2014; or

(ii)a mining lease or petroleum lease granted before 31 March 2014; and

(b)in the way authorised under the authority, mining lease or petroleum lease.

(2)A person who takes a protected plant under subsection (1) has an exemption for section 90(1) of the Actto use the plant.

(3)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.

58   Exemption for using protected plant registered under Plant Breeder’s Rights Act 1994 (Cwlth)—Act, s 90

A person has an exemption for section 90(1) of the Actto use a protected plant that is a plant variety for which a PBR, or plant breeder’s right, has been granted under the Plant Breeder’s Rights Act 1994 (Cwlth).

Chapter 4    Dealing with plants under plant authorities

Part 1    Preliminary

59   Purpose of chapter

(1)This chapter provides for a licensing scheme that authorises particular persons to take or use protected plants in particular circumstances—

(a)to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; and

(b)to allow the ecologically sustainable use of protected plants taken from the wild; and

(c)to control processes threatening to protected plants; and

(d)to 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 plant authorities for, protected plants; and

(e)to encourage greater reliance on obtaining whole protected plants or parts of protected plants from propagation or cultivation while recognising there may be grounds for taking them from the wild; and

(f)to minimise the potential for illegally taken protected plants to be used for any purpose.

(2)The licensing scheme mentioned in subsection (1) authorises the commercial cultivation and propagation of protected plants to reduce the demand for taking whole protected plants and parts of protected plants in the wild.

Notes—

1See part 5, division 4 of the Act for offences prohibiting particular persons from carrying out activities in relation to protected plants in particular circumstances.

2See chapter 3 for activities that may be carried out by a person under an exemption whether or not the person holds a plant authority.

3See chapter 8 for requirements for records, tags and labels relating to protected plants.

60   Inconsistency between authority provisions and conservation plan

(1)This section applies if—

(a)a provision of this regulation (the regulation provision) states what a holder of a plant authority, or a relevant person for the holder—

(i)may do under the authority; or

(ii)must or must not do under the authority; or

(iii)may do, or must do, on conditions under the authority; and

(b)a provision of a conservation plan (the conservation plan provision) applying to an authorised plant for the authority is inconsistent with the regulation provision.

(2)Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.

Part 2    Provisions applying to all plant authorities

Division 1 General limitation on authorities

61   Plants must be lawfully obtained

Nothing in this chapter authorises the holder of a plant authority, or a relevant person for the holder, to keep or use a plant that was not lawfully obtained by the holder or relevant person.

Notes—

1See sections 89(4) and 90A of the Actfor offences in relation to plants not lawfully taken.

2Part 5, divisions 4 to 6 of the Act also contains other restrictions about keeping or using wildlife.

Division 2 General conditions

Subdivision 1 Preliminary

62   Purpose of division

(1)This division states conditions that apply to all plant authorities.

Notes—

1Failure to comply with a condition of a plant authority is an offence under section 145.

2Also, under chapter 5, part 5, failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.

(2)This division does not limit any other condition the chief executive may impose on a plant authority.

Note—

For the power of the chief executive to impose conditions on a plant authority, see section 108.

Subdivision 2 Inspection of authorities

63   Plant authority must be available for inspection

(1)The holder of a plant authority must, while carrying out an activity under the authority, have the authority, or a copy of the authority, available for inspection.

(2)The holder of a plant authority must ensure a relevant person carrying out an activity under the authority has a copy of the authority endorsed by the holder with the relevant person’s name and residential address available for inspection.

Subdivision 3 Notification of changes

64   Notification of particular changes in authority management system

(1)This section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder.

(2)However, this section does not apply if the holder is a child.

(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.

64A   Notification of particular changes by application for amendment

(1)This section applies if the holder of a plant authority changes, or proposes to change—

(a)the postal, residential or business address of the holder; or

(b)the licensed premises for the authority; or

(c)the name of the holder; or

(d)if the holder is a corporation—the person in charge for the authority.

(2)However, this section does not apply if, under section 64, the holder has updated the holder’s information in the authority management system to reflect the change.

(3)Before, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change.

Note—

For amending a plant authority by application, see section 117.

Subdivision 4 Buying, accepting, receiving, selling and giving away plants

65   Buying, accepting and receiving plants

The holder of a plant authority, or a relevant person for the holder, must not buy, accept or receive an authorised plant from a person who is not authorised to sell or give away the plant under—

(a)the Act; or

(b)a law of another State or the Commonwealth.

66   Selling and giving away plants

The holder of a plant authority, or a relevant person for the holder, must not sell or give away an authorised plant to a person who is not authorised to buy, accept or receive the plant under—

(a)the Act; or

(b)a law of another State or the Commonwealth.

Subdivision 5 Restriction on monitoring plots

67   Restricted plants not to be taken from another monitoring plot

The holder of a plant authority, or a relevant person for the holder, must not take a restricted plant from a monitoring plot established under another holder’s protected plant harvesting licence.

Part 3    Protected plant growing licences

Division 1 Grant and restrictions on grant

68   Grant of licence

Subject to sections 69 and 70 and chapter 5, part 2, the chief executive may grant a protected plant growing licence for—

(a)cultivating a restricted plant; or

(b)propagating a part of a restricted plant.

69   General restrictions on grant

(1)The chief executive must not grant a protected plant growing licence for taking a restricted plant unless the chief executive is satisfied—

(a)the proposed taking of the plant is ecologically sustainable; and

(b)the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and

(c)the proposed way of taking the plant complies with the protected plants assessment guidelines.

(2)The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take a whole restricted plant for use as a stock plant unless the chief executive is satisfied—

(a)there is a need to introduce the plant into cultivation for commercial purposes or replenish or supplement the genetic variation of the plant already in cultivation; and

(b)the holder has the necessary knowledge, facilities and resources to propagate the plant and use the progeny of the plant.

(3)Subsection (4) applies if the chief executive requires, under section 98, an application for a protected plant growing licence to be accompanied by a sustainable harvest plan.

(4)The chief executive must not grant the protected plant growing licence unless the chief executive approves the sustainable harvest plan under section 106.

70   Restriction on grant of licence to take seed or propagative material from particular restricted plants

(1)This section applies in relation to the following (each a relevant plant)—

(a)a critically endangered plant or endangered plant;

(b)a restricted plant of the family Cycadaceae;

(c)a restricted plant of the family Zamiaceae.

(2)The chief executive must not grant a protected plant growing licence for the proposed holder of the licence to take and use a seed or other propagative material from a relevant plant unless the chief executive is satisfied the holder, or a relevant person for the holder, is able to identify the plant.

Division 2 Activities authorised under licence

71   Taking restricted plants

The holder of a protected plant growing licence, or a relevant person for the holder, may carry out the following activities—

(a)take a part of an authorised plant for propagating the part under controlled conditions;

(b)take an authorised plant for cultivating the plant under controlled conditions.

Note—

See also sections 27 to 30 about particular exemptions relating to restricted plants.

Division 3 Conditions

72   Purpose of division

(1)This division states conditions that apply to all protected plant growing licences.

Notes—

1Failure to comply with a condition of a plant authority is an offence under section 145.

2Also, under chapter 5, part 5, failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.

(2)This division does not limit any other condition the chief executive may impose on a protected plant growing licence.

Note—

For the power of the chief executive to impose conditions on a plant authority, see section 108.

73   Way plant to be taken

The holder of a protected plant growing licence, or a relevant person for the holder, may take an authorised plant only in a way that—

(a)if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and

Example—

digging an area of soil directly around a plant to enable the root base of the plant to be removed

(b)if the taking is by harvesting a part of the plant—

(i)does not result in the death of the plant from which the part is taken; and

(ii)leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and

(c)complies with the plant authorities code.

74   Taking of plant during harvest period

(1)This section applies if—

(a)the holder of a protected plant growing licence is authorised to take a particular authorised plant under the licence; and

(b)a harvest period is declared for the particular authorised plant.

(2)The holder, or a relevant person for the holder, may take the authorised plant under the licence only—

(a)during the harvest period; and

(b)by complying with the conditions stated in the harvest period notice for the harvest period.

(3)However, subsection (2) does not apply if—

(a)the authorised plant taken is a whole restricted plant; and

(b)the holder or relevant person takes the authorised plant under the licence by way of operational salvage.

75   Compliance with sustainable harvest plan

The holder of a protected plant growing licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out activities under the licence.

76   Taking plant to sell or give away

The holder of a protected plant growing licence, or a relevant person for the holder, must not take an authorised plant for the purpose of—

(a)selling the plant; or

(b)giving away the plant if the plant is to be used for trade.

Part 4    Protected plant harvesting licences

Division 1 Grant and restrictions on grant

77   Grant of licence

Subject to section 78 and chapter 5, part 2, the chief executive may grant a protected plant harvesting licence for a restricted plant.

78   Restrictions on grant

(1)The chief executive must not grant a protected plant harvesting licence for a restricted plant that has not been adequately identified unless the activity proposed to be carried out under the licence is for the purpose of research, education or conservation.

(2)The chief executive must not grant more than 1 protected plant harvesting licence for the same species of restricted plant in relation to the same place for the same period.

(3)The chief executive must not grant a protected plant harvesting licence for the proposed holder of the licence to take a restricted plant unless the chief executive is satisfied—

(a)the holder is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and

(b)the proposed way of taking the plant is ecologically sustainable; and

(c)the proposed activities under the licence are not likely to adversely affect the plant’s survival in the wild; and

(d)the proposed way of taking the plant complies with the protected plants assessment guidelines.

(4)The chief executive must not grant a protected plant harvesting licence for taking a restricted plant if the proposed taking poses a threat of serious or irreversible environmental damage related to the taking of the plant.

(5)The chief executive must not grant a protected plant harvesting licence unless the chief executive approves a sustainable harvest plan under section 106 in relation to the application for the licence.

(6)However, subsections (3) and (5) do not apply to the grant of a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.

Division 2 Activities authorised under licence

79   Taking and using plants

The holder of a protected plant harvesting licence, or a relevant person for the holder, may—

(a)take an authorised plant and use the plant to the extent stated in the licence; and

(b)take any whole authorised plant by way of contingent salvage.

Note—

See also sections 27 and 28 about particular exemptions for using plants taken under a protected plant harvesting licence.

Division 3 Conditions

80   Purpose of division

(1)This division states conditions that apply to all protected plant harvesting licences.

Notes—

1Failure to comply with a condition of a plant authority is an offence under section 145.

2Also, under chapter 5, part 5, failure to comply with a condition of a plant authority is a ground for amendment, suspension or cancellation of the authority.

(2)This division does not limit the conditions the chief executive may impose on a protected plant harvesting licence.

Note—

For the power of the chief executive to impose conditions on a plant authority, see section 108.

81   Way plant to be taken

The holder of a protected plant harvesting licence, or a relevant person for the holder, may take an authorised plant only in a way that—

(a)if the taking requires disturbance of the soil from which the plant is taken—disturbs the soil to the extent necessary to remove the plant; and

Example—

digging an area of soil directly around a plant to enable the root base of the plant to be removed

(b)if the taking is by harvesting a part of the plant—

(i)does not result in the death of the plant from which the part is taken; and

(ii)leaves enough of the plant to allow for reproduction of the plant and provide habitat or food for other wildlife; and

(c)complies with the plant authorities code.

82   Taking of plant during harvest period

(1)This section applies if—

(a)the holder of a protected plant harvesting licence is authorised to take a particular authorised plant under the licence; and

(b)a harvest period is declared for the particular authorised plant.

(2)The holder, or a relevant person for the holder, may take the authorised plant under the licence only—

(a)during the harvest period; and

(b)by complying with the conditions stated in the harvest period notice for the harvest period.

(3)However, subsection (2) does not apply if—

(a)the authorised plant taken is a whole restricted plant; and

(b)the holder or relevant person takes the authorised plant under the licence by way of contingent salvage.

83   Compliance with sustainable harvest plan

The holder of a protected plant harvesting licence, or a relevant person for the holder, must comply with the approved sustainable harvest plan for the licence while carrying out an activity under the licence to which the plan applies.

84   Information about monitoring plot for research and monitoring condition

(1)This section applies if—

(a)a protected plant harvesting licence authorises the holder of the licence to take a part of a restricted plant; and

(b)the chief executive imposes a research and monitoring condition on the licence.

(2)The holder must give the chief executive—

(a)within 1 month after a monitoring plot is established—

(i)a map, in electronic form or ink, showing the location of the plot; or

(ii)a sketch, in ink, showing the location of the plot; and

(b)within 1 month after each yearly survey of plants in a monitoring plot—a statement containing the required information for the plot.

(3)In this section—

required information, for a monitoring plot, 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 a part of the plant was taken; and

(ii)each plant designated when the plot was established as a plant from which 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.

Part 5    Protected plant clearing permits

Division 1 Preliminary

85   Purpose of part

(1)This part provides for a protected plant clearing permit for taking, by clearing, protected plants, in particular threatened plants or near threatened plants, to ensure—

(a)areas where threatened plants or near threatened plants and their supporting habitat are present, or likely to be present, are identified and assessed for risk before clearing; and

(b)any impacts on threatened plants or near threatened plants are managed.

(2)In this section—

supporting habitat, for a protected plant, means the components, including other plants, of the habitat of the protected plant necessary for the plant’s survival at any stage of its life cycle and located within 100m of the plant.

Division 2 Grant and restrictions on grant

86   Grant of permit

Subject to sections 87 and 88 and chapter 5, part 2, the chief executive may grant a protected plant clearing permit to take, by clearing, a protected plant in the wild for the use of the land on which the plant is taken.

87   General restrictions on grant

(1)The chief executive must not grant a protected plant clearing permit unless the chief executive is satisfied—

(a)the proposed holder of the permit is the landholder, or has the written approval of the landholder, of the land on which the plant is located; and

(b)the holder has given the chief executive—

(i)for taking a protected plant within a clearing impact area—a flora survey report for the clearing impact area; or

(ii)for taking a protected plant within another area—a document identifying all threatened plants or near threatened plants the holder knows exist within the area; and

(c)the holder has identified all threatened plants or near threatened plants in the clearing impact area or other area to be cleared that the holder knows are likely to be impacted; and

(d)if a threatened plant or near threatened plant will be cleared or there will be clearing within 100m of the plant—the holder 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 is not likely to adversely affect the plant’s survival in the wild.

(2)However, if the chief executive is not satisfied of the matters mentioned in subsection (1)(d)(iii), the chief executive may grant the protected plant clearing permit only if the chief executive is satisfied—

(a)there is an overriding public interest for the permit to be granted in relation to an activity related to a public utility easement for the supply of electricity; and

(b)the refusal of the permit would impede the provision of an essential community service; and

(c)the proposed holder of the permit has otherwise made all reasonable attempts to satisfy the chief executive of the matters mentioned in subsection (1).

88   Restriction on grant of permit in relation to particular areas

The chief executive may grant a protected plant clearing permit for taking, by clearing, a protected plant from an area identified under a regulation or conservation plan as, or including, a critical habitat or an area of major interest only if—

(a)the regulation or plan does not prohibit the granting of the permit; and

(b)the chief executive is satisfied the taking of the plant is not likely to have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area.

Division 3 Activities authorised under permit

89   Taking and using plants

(1)The holder of a protected plant clearing permit, or a relevant person for the holder, may carry out the following activities—

(a)take, by clearing, an authorised plant to the extent stated in the permit;

(b)use an authorised plant taken by clearing to the extent stated in the permit;

(c)otherwise clear all plants in an area to which the permit relates.

(2)This section does not limit—

(a)a protected plant licence for taking a restricted plant by way of contingent salvage from land lawfully cleared under a protected plant clearing permit; or

(b)an exemption under section 44 for taking a part of a restricted plant by way of operational salvage from land lawfully cleared under a protected plant clearing permit.

Part 6    Aboriginal tradition authorities

Division 1 Grant and restrictions on grant

90   Grant of authority

Subject to section 91 and chapter 5, part 2, the chief executive may grant an Aboriginal tradition authority for a protected plant.

91   Restrictions on grant

(1)The chief executive must not grant an Aboriginal tradition authority for a protected plant to a person other than a corporation whose members represent a community or group of Aboriginal peoples particularly concerned with the land from where the plant is to be taken.

(2)The chief executive must not grant an Aboriginal tradition authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Aboriginal tradition.

(3)The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Aboriginal tradition authority represents as having authority to state the traditional significance of the protected plant.

Division 2 Activities authorised under authority

92   Taking and using plants

The holder of an Aboriginal tradition authority, or a relevant person for the holder, may carry out the following activities—

(a)take, in accordance with Aboriginal tradition, an authorised plant from the place stated in the authority;

(b)use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;

(c)use an authorised plant taken under the authority for the non-commercial communal needs of the holder.

Part 7    Ailan Kastom authorities

Division 1 Grant and restrictions on grant

93   Grant of authority

Subject to section 94 and chapter 5, part 2, the chief executive may grant an Ailan Kastom authority for a protected plant.

94   Restrictions on grant

(1)The chief executive must not grant an Ailan Kastom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islander peoples particularly concerned with the land from where the plant is to be taken.

(2)The chief executive must not grant an Ailan Kastom authority for a protected plant unless the chief executive is satisfied the purpose for which the plant is to be taken is of particular significance in accordance with Ailan Kastom.

(3)The matters mentioned in subsection (2) are to be considered according to the views of the people regarded by the members of the community or group that the proposed holder of the Ailan Kastom authority represents as having authority to state the customary significance of the protected plant.

Division 2 Activities authorised under authority

95   Taking and using plants

The holder of an Ailan Kastom authority, or a relevant person for the holder, may carry out the following activities—

(a)take, in accordance with Ailan Kastom, an authorised plant from the place stated in the authority;

(b)use an authorised plant taken under the authority for the personal or domestic needs of the members of the corporation to whom the authority is granted;

(c)use an authorised plant taken under the authority for the non-commercial communal needs of the holder.

Chapter 5    Managing plant authorities

Part 1    Restrictions on grant for all authorities

96   Restrictions on grant

(1)The chief executive must not grant a plant authority to an applicant for the authority if—

(a)for an applicant that is a corporation—the applicant does not have an office in the State; or

(b)a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or

(c)the applicant is not a suitable person to hold the authority; or

Note—

See also part 2, division 2.

(d)for an application made using the authority management system—the applicant does not make a required declaration; or

(e)the activities proposed to be carried out under the authority are likely to adversely affect—

(i)the conservation of the native wildlife; or

(ii)the ecological sustainability of any wildlife; or

(f)a plant to which the authority could apply has been unlawfully taken, kept or used; or

(g)for an authority to take or use a protected plant in a dugong protection area—the taking or use of the plant is likely to—

(i)significantly reduce the local dugong population; or

(ii)significantly harm dugong habitat.

Note—

See also chapter 4, parts 3 to 7 for other restrictions on the grant of particular plant authorities.

(2)In this section—

dugong means an animal of the species Dugong dugon.

dugong protection area means regulated waters under the Fisheries Declaration 2019, chapter 2 with a name that includes either of the following terms—

(a)greater dugong protection area;

(b)dugong protection area.

Part 2    Applications for authorities

Division 1 Making applications

97   Requirements for application

(1)A person may apply to the chief executive for the grant of a plant authority.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided; and

(c)be accompanied by the prescribed fee for the application; and

(d)comply with any other requirements applying to the application under a conservation plan; and

(e)for an application for a protected plant growing licence—be accompanied by a sustainable harvest plan if required under section 98; and

(f)for an application for a protected plant harvesting licence—be accompanied by a sustainable harvest plan.

(3)However, subsection (2)(f) does not apply to an application for a protected plant harvesting licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.

98   Chief executive may require sustainable harvest plan

The chief executive may require an application for a protected plant growing licence to be accompanied by a sustainable harvest plan if the chief executive is satisfied it is necessary for the application to demonstrate that the proposed level of harvest of a protected plant under the licence—

(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.

Division 2 Suitability

99   Purpose of division

This division states when a person is not a suitable person to hold a plant authority.

100   Definitions for division

In this division—

associate, of a person whose suitability to hold a plant authority is being considered, means—

(a)if the person is a corporation—each executive officer of the corporation; or

(b)if the person is an individual—another person who—

(i)is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or

(ii)regularly directs staff of the activity or business in their duties; or

(iii)is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.

relevant day, for a person, means—

(a)for deciding whether or not the person is a suitable person to hold a plant authority—the day the person made the application for the authority under division 1; or

(b)for deciding whether or not the holder of a plant authority is not, or is no longer, a suitable person to hold the authority—the day the decision is made.

101   Suitability based on convictions

(1)A person is not a suitable person to hold a plant authority if—

(a)the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—

(i)an offence against the Act; or

(ii)an animal welfare offence under the Animal Care and Protection Act 2001; or

(iii)an offence under another Act relating to wildlife; or

(iv)an offence relating to wildlife, however described—

(A)under another Act; or

(B)under the law of another jurisdiction; and

(b)the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.

Examples of when chief executive may be satisfied—

1A person convicted of an offence against section 62 of the Actfor taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant.

2A person convicted of an offence against section 89 of the Actfor taking a protected plant applies for a plant authority for taking a protected plant.

(2)Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999.

102   Suitability based on other matters

(1)A person is not a suitable person to hold a plant authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.

(2)Without limiting subsection (1), the chief executive may be satisfied the person is unable to carry out activities under the plant authority in a competent and ethical way if—

(a)the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or

(b)the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103; or

(c)the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.

(3)In this section—

corresponding authority means an authority, however described, that—

(a)was issued, given or granted to a person under the law of another jurisdiction; and

(b)authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.

103   Accumulation of demerit points

(1)This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—

(a)is convicted of the offence; or

(b)pays the fine stated in the infringement notice for the offence; or

(c)applies under the State Penalties Enforcement Act 1999, section 23 to pay the fine stated in the infringement notice for the offence by instalments; or

(d)fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.

(2)For section 102(2)(a) and (b), the person accumulates the following number of demerit points for the offence—

(a)for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;

(b)for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;

(c)for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;

(d)for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;

(e)for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;

(f)for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.

(3)The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.

(4)However, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.

(5)Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999, section 31.

(6)In this section—

default certificate see the State Penalties Enforcement Act 1999, section 33(1).

SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999, section 7.

Division 3 Considering applications

104   Matters chief executive must consider

(1)The chief executive must consider an application for a plant authority having regard to each of the following matters—

(a)whether the chief executive is restricted from granting the authority under part 1 or chapter 4, parts 3 to 7;

(b)whether the applicant is a suitable person to hold the authority;

Note—

See also division 2 for when a person is not a suitable person.

(c)the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;

(d)the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;

(e)any contribution the applicant proposes to make to the conservation of nature;

(f)any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;

(g)the precautionary principle;

(h)public health and safety;

(i)the public interest;

(j)any recovery plan for a plant to which the authority is proposed to apply;

(k)for a plant authority proposed to take effect immediately after an existing plant authority of the same type ends—

(i)whether the existing plant authority was obtained on the basis of incorrect or misleading information; and

(ii)whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;

(l)for an Aboriginal tradition authority—any advice given by the corporation named in the application on the significance, under Aboriginal tradition, of the activity proposed to be carried out under the authority;

(m)for an Ailan Kastom authority—any advice given by the corporation named in the application on the significance, under Ailan Kastom, of the activity proposed to be carried out under the authority;

(n)any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the authority.

(2)Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act.

(3)In this section—

precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.

105   Chief executive may require further information or document

(1)Before deciding an application for a plant authority, the chief executive may ask the applicant for further information or a document the chief executive reasonably requires to decide the application.

(2)The chief executive may require the information or document to be verified by statutory declaration.

(3)The chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.

(4)A notice given under subsection (3) must—

(a)be given to the applicant within 20 business days after the chief executive receives the application; and

(b)state a reasonable period, of at least 20 business days after it is given, within which the information or document must be given.

(5)The applicant is taken to have withdrawn the application if the applicant does not comply with the request within—

(a)if the chief executive has given a notice to the applicant under subsection (3)—the period stated in the notice; or

(b)otherwise—a reasonable period.

(6)The chief executive may extend a period mentioned in subsection (5).

106   Approval of sustainable harvest plan

(1)The chief executive may approve a sustainable harvest plan in relation to an application for a protected plant licence only if the chief executive is satisfied the plan—

(a)demonstrates the proposed level of harvest of a restricted plant under the licence—

(i)is ecologically sustainable; or

(ii)provides a benefit for the conservation of the species of restricted plant proposed to be taken under the licence; and

Examples—

increasing the extent or abundance of the wild population of the species or improving knowledge of the species biology

(b)states the information required under the protected plants assessment guidelines for the plan in relation to the application for the licence.

(2)However, subsection (1) does not apply in relation to an application for a protected plant licence to the extent the licence is for taking a whole restricted plant by way of contingent salvage.

107   Amending application

(1)An applicant for an application for a plant authority may amend the application if—

(a)the chief executive has not finished considering whether to grant the application; and

(b)the chief executive agrees to the amendment of the application.

(2)If the chief executive agrees to a major amendment of the application, the applicant must pay the prescribed fee for the amendment.

(3)In this section—

major amendment, of an application for a plant authority, means—

(a)for an application for a protected plant licence—

(i)an increase in the size of the area to which the application relates; or

(ii)an addition of, or change to, a species of protected plant 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.

Division 4 Deciding applications

108   Chief executive to decide application

(1)The chief executive must, after considering an application for a plant authority, decide to—

(a)grant the authority, with or without conditions decided by the chief executive; or

(b)refuse the application.

(2)The chief executive must decide the application—

(a)if, under section 105, the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or

(b)otherwise—within 40 business days after receiving the application.

(3)Subsection (4) applies if the chief executive considers a clearing activity to be carried out under a protected plant clearing permit will have a significant residual impact on critically endangered plants, endangered plants or vulnerable plants.

(4)Without limiting subsection (1), the chief executive may impose a condition on the protected plant clearing permit requiring the holder of the permit to provide an environmental offset for the clearing activity.

(5)In this section—

environmental offset see the Environmental Offsets Act 2014, section 7(2).

significant residual impact see the Environmental Offsets Act 2014, section 8.

109   Steps to be taken after application decided

(1)If the chief executive decides to grant a plant authority, the chief executive must, as soon as practicable after making the decision, give the applicant—

(a)the authority; and

(b)if a condition was imposed on the authority under section 108(1)(a)—an information notice for the decision to impose the condition.

(2)Subsection (1)(b) does not apply in relation to a condition that the applicant sought in the application.

(3)If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.

(4)A document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.

Part 3    Form of authorities

110   Form

(1)A plant authority must be in writing.

(2)The chief executive may use 1 document for the grant of more than 1 plant authority.

111   Matters to be stated in plant authority

(1)The following information must be stated in a plant authority—

(a)the day the authority is granted;

(b)if the authority does not take effect on the day it was granted—the day it takes effect;

(c)either the term or end date of the authority;

(d)the name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN;

(e)the address of the holder of the authority;

(f)each species of plant to which the authority applies;

(g)if the authority applies to a particular number of plants of a particular species—the number;

Note—

See also section 114.

(h)the premises that are the licensed premises for the authority;

(i)if the authority is for taking a plant—the place from where the plant may be taken;

(j)if the authority is granted to a corporation—the name of the person in charge for the authority;

(k)for an Aboriginal tradition authority or Ailan Kastom authority—the names of the individuals who may carry out activities under the authority;

(l)any conditions imposed by the chief executive on the authority.

(2)Subsection (1)(f) does not apply to a plant authority granted for taking or using all plants in an area that is, or is about to be, lawfully destroyed.

(3)For subsection (1)(k), an individual may be stated in an Aboriginal tradition authority or Ailan Kastom authority only if the individual is named in the application for the authority.

112   Stating species in plant authority

(1)This section applies for stating a species of plant on a plant authority under section 111(1)(f).

(2)The plant authority is taken to state—

(a)if the authority states a taxon of plant—each species of plant in the taxon; or

(b)if the authority states a class of wildlife—each species of plant in the class of wildlife; or

Subdivision 2 Declared management intent

14   Significance to nature and its value

(1)A plant that is endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.

(2)Without limiting subsection (1), the plant represents—

(a)a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and

(b)a source of genetic information integral to an understanding of the evolution of the Australian biota; and

(c)a genetic resource of potential benefit to society.

15   Proposed management intent

The proposed management intent for a plant that is endangered wildlife is—

(a)to establish and maintain a database of information about the plant and its habitat; and

(b)to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and

(c)to seek funding to help achieve the objectives of the recovery plans or conservation plans; and

(d)to act to ensure viable populations of the plant in the wild are preserved or re-established; and

(e)to cooperate with the Commonwealth and other State agencies—

(i)for the ongoing protection and management of the plant and its habitat; and

(ii)to work towards a national conservation status for the plant and its habitat; and

(f)to implement education programs for land managers about—

(i)threatening processes to the plant or its habitat; and

(ii)the conservation of the plant and its habitat; and

(g)to regularly monitor and review the conservation status of the plant and its habitat; and

(h)to encourage scientific research and inventory programs likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and

(i)to protect the critical habitat, or the areas of major interest, for the plant; and

(j)to monitor and review environmental impact procedures to ensure they—

(i)accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and

(ii)provide for effective measures to mitigate any adverse impact of the activities on the plant; and

(iii)if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.

16   Principles relating to proposed taking, keeping and use

A plant that is endangered wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—

(a)is consistent with the management principles for the plant; and

(b)is not likely to reduce the ability of the plant’s population to expand.

Division 5 Vulnerable wildlife

Subdivision 1 Plants

17   Plants

Scientific name

Acacia ammophila

Acacia anadenia

Acacia argentina

Acacia argyrotricha

Acacia attenuata

Acacia baueri subsp. baueri

Acacia castorum

Acacia crombiei

Acacia curranii

Acacia eremophiloides

Acacia handonis

Acacia hockingsii

Acacia homaloclada

Acacia hylonoma

Acacia islana

Acacia lauta

Acacia peuce

Acacia purpureopetala

Acacia saxicola

Acacia sp. (Castletower N.Gibson TOI345)

Acacia sp. (Ruined Castle Creek P.I.Forster+ PIF17848)

Acacia tingoorensis

Acacia torringtonensis

Acalypha lyonsii

Acmenosperma pringlei

Acriopsis emarginata

Actephila championiae

Aggreflorum luehmannii

Actephila foetida

Aglaia argentea

Alloxylon flammeum

Ammannia robertsii

Antrophyum subfalcatum

Apluda mutica

Aponogeton elongatus subsp. fluitans

Archidendron kanisii

Archidendron lovelliae

Ardisia fasciculata

Arenga australasica

Argophyllum iridescens

Argophyllum verae

Aristida annua

Arthraxon hispidus

Arundinella grevillensis

Asplenium pellucidum

Atriplex morrisii

Baeckea trapeza

Baloghia marmorata

Banksia conferta

Banksia plagiocarpa

Barongia lophandra

Bertya calycina

Bertya ernestiana

Bertya glandulosa

Bertya pinifolia

Blakella leptoloma

Blakella petalophylla

Blepharoglossum condylobulbon

Bogoria matutina

Boronia keysii

Borya inopinata

Bothriochloa bunyensis

Brachyscome ascendens

Breynia macrantha

Bryobium dischorense

Bryobium irukandjianum

Bubbia queenslandiana subsp. australis

Buckinghamia ferruginiflora

Bulbophyllum argyropus

Bulbophyllum boonjee

Bulbophyllum gracillimum

Bulbophyllum grandimesense

Bulbophyllum longiflorum

Cadellia pentastylis

Cadetia collinsii

Calamus aruensis

Calamus warburgii

Calocephalus glabratus

Calophyllum bicolor

Calytrix gurulmundensis

Calytrix islensis

Canarium acutifolium

Capparis batianoffii

Capparis thozetiana

Cassia marksiana

Cassinia collina

Caustis blakei subsp. macrantha

Chiloglottis sphyrnoides

Cissus aristata

Clematis fawcettii

Coleus amoenus

Coleus eungellaensis

Coleus gratus

Coleus leiperi

Combretum trifoliatum

Comesperma oblongatum

Comesperma praecelsum

Coopernookia scabridiuscula

Corchorus hygrophilus

Corchorus subargenteus

Corunastylis alticola

Corunastylis cranei

Corunastylis pedersonii

Corunastylis valida

Corybas montanus

Corymbia clandestina

Corymbia rhodops

Corymbia xanthope

Corynocarpus rupestris subsp. arborescens

Crepidomanes majoriae

Croton choristadenius

Croton stockeri

Cryptocarya foetida

Cryptocarya glaucocarpa

Ctenopterella blechnoides

Cupaniopsis cooperorum

Cupaniopsis shirleyana

Cupaniopsis tomentella

Cycas brunnea

Cycas cairnsiana

Cycas couttsiana

Cycas cupida

Cycas desolata

Cycas platyphylla

Cycas silvestris

Cycas terryana

Cycas tuckeri

Cyclophyllum costatum

Cyperus clarus

Cyperus rupicola

Cyperus semifertilis

Dansiea grandiflora

Daviesia discolor

Daviesia quoquoversus

Dendrobium bigibbum

Dendrobium callitrophilum

Dendrobium carronii

Dendrobium fellowsii

Dendrobium johannis

Dendrobium x superbiens

Dendromyza reinwardtiana

Denhamia parvifolia

Dichanthium queenslandicum

Dienia fimbriata

Dinosperma longifolium

Diplazium cordifolium

Dischidia littoralis

Diuris parvipetala

Dodonaea hirsuta

Dodonaea rupicola

Dolichocarpa spathulata

Drosera prolifera

Drosera schizandra

Drummondita calida

Drynaria x dumicola

Dubouzetia saxatilis

Eleocharis retroflexa

Endiandra anthropophagorum

Endiandra grayi

Endiandra hayesii

Endiandra jonesii

Endiandra phaeocarpa

Eragrostis fenshamii

Eremophila stenophylla

Eucalyptus beaniana

Eucalyptus dunnii

Eucalyptus hallii

Eucalyptus infera

Eucalyptus kabiana

Eucalyptus raveretiana

Eucalyptus scoparia

Eucalyptus sicilifolia

Eucalyptus sideroxylon subsp. improcera

Eucalyptus virens

Eulophia pelorica

Euodia hylandii

Euphorbia carissoides

Fawcettia tinosporoides

Fimbristylis distincta

Fimbristylis micans

Floydia praealta

Fontainea australis

Fontainea rostrata

Fontainea venosa

Freycinetia percostata

Gardenia psidioides

Gastrodia urceolata

Gaudium venustum

Germainia capitata

Glossocardia orthochaeta

Gonocarpus effusus

Gonocarpus hirtus

Goodenia nocoleche

Goodenia stirlingii

Graptophyllum ilicifolium

Grevillea glossadenia

Grevillea hockingsii

Grevillea kennedyana

Grevillea quadricauda

Gymnostoma australianum

Hakea maconochieana

Hakea trineura

Haloragis exalata subsp. velutina

Hardenbergia sp. (Mt Mulligan J.R.Clarkson 5775)

Helicia ferruginea

Hemmantia webbii

Hexaspora pubescens

Hicksbeachia pinnatifolia

Hollandaea riparia

Homoranthus decumbens

Homoranthus porteri

Homoranthus vagans

Hydnophytum ferrugineum

Hydriastele costata

Hydrocotyle dipleura

Hymenasplenium perriei

Hymenasplenium wildii

Hymenophyllum eboracense

Hymenophyllum gracilescens

Hymenophyllum kerianum

Hypserpa polyandra var. polyandra

Indigofera oxyrachis

Ipomoea imperati

Kardomia granitica

Kunzea calida

Lagenophora fimbriata

Lasianthus hirsutus

Lasjia claudiensis

Lasjia grandis

Lastreopsis silvestris

Lastreopsis walleri

Lawrencia buchananensis

Leichhardtia brevifolia

Leichhardtia coronata

Leichhardtia longiloba

Leichhardtia paludicola

Leichhardtia pumila

Leichhardtia rara

Leionema gracile

Leionema obtusifolium

Lepidagathis royenii

Lepiderema pulchella

Leptospermum oreophilum

Leuzea australis

Livistona fulva

Livistona lanuginosa

Logania diffusa

Lomandra teres

Macadamia integrifolia

Macadamia ternifolia

Macadamia tetraphylla

Macropteranthes montana

Macrozamia cardiacensis

Macrozamia conferta

Macrozamia crassifolia

Macrozamia machinii

Macrozamia occidua

Macrozamia parcifolia

Maundia triglochinoides

Medicosma elliptica

Medicosma obovata

Melaleuca comosa

Melaleuca kunzeoides

Melaleuca williamsii

Micromyrtus patula

Micromyrtus rotundifolia

Micromyrtus vernicosa

Myriophyllum coronatum

Myrmecodia beccarii

Neisosperma kilneri

Neoroepera buxifolia

Newcastelia velutina

Niemeyera whitei

Notelaea lloydii

Nyssanthes impervia

Nyssanthes longistyla

Oberonia carnosa

Ochrosperma obovatum

Omphalea celata

Oreogrammitis reinwardtii

Owenia cepiodora

Ozothamnus eriocephalus

Ozothamnus vagans

Pachystoma pubescens

Paramapania parvibractea

Parapolystichum tinarooense

Parsonsia bartlensis

Parsonsia kroombitensis

Parsonsia larcomensis

Parsonsia tenuis

Parsonsia wildensis

Paspalidium grandispiculatum

Paspalidium udum

Pecteilis euryloba

Pecteilis fuscina

Peripentadenia phelpsii

Persicaria elatior

Phaius pictus

Phaleria biflora

Phebalium glandulosum subsp. eglandulosum

Phebalium whitei

Philotheca acrolopha

Philotheca obovatifolia

Phlegmariurus delbrueckii

Phlegmariurus ledermannii

Phlegmariurus lockyeri

Phlegmariurus phlegmarioides

Phlegmariurus tetrastichoides

Phlegmariurus varius

Phyllanthera grayi

Phyllanthus brassii

Phyllanthus sp. (Bulburin P.I.Forster+ PIF16034)

Picris barbarorum

Picris evae

Pimelea leptospermoides subsp. leptospermoides

Pluchea tenuis

Podolepis monticola

Polianthion minutiflorum

Polyphlebium endlicherianum

Polyscias bellendenkerensis

Pomaderris crassifolia

Pomaderris notata

Pomatocalpa marsupiale

Prasophyllum wallum

Prostanthera spathulata

Prostanthera sp. (Dunmore D.M.Gordon 8A)

Pterostylis bicornis

Pultenaea setulosa

Pultenaea whiteana

Rhaphidospora bonneyana

Rhaphidospora cavernarum

Rhomboda polygonoides

Ricinocarpos speciosus

Ristantia gouldii

Romnalda strobilacea

Rutidosis crispata

Samadera bidwillii

Samadera sp. (Kennedy River J.R.Clarkson 5645)

Sannantha papillosa

Sannantha tozerensis

Sarcochilus hartmannii

Sarcochilus hirticalcar

Scrotochloa tararaensis

Scrotochloa urceolata

Secamone auriculata

Senegalia pennata subsp. kerrii

Shonia carinata

Solanum callium

Solanum carduiforme

Solanum dunalianum

Solanum hamulosum

Solanum lythrocarpum

Sophora fraseri

Spathoglottis plicata

Sphaerantia chartacea

Sphaerantia discolor

Stenanthemum argenteum

Stenocarpus davallioides

Sticherus milnei

Stictocardia queenslandica

Stockwellia quadrifida

Stylidium longissimum

Swainsona murrayana

Symplocos baeuerlenii

Symplocos graniticola

Syzygium aqueum

Syzygium hodgkinsoniae

Syzygium macilwraithianum

Syzygium moorei

Syzygium rubrimolle

Syzygium velarum

Tectaria siifolia

Tetramolopium ornans

Tetramolopium vagans

Thelasis carinata

Thelypteris confluens

Thesium australe

Tomophyllum walleri

Torenia polygonoides

Trichoglottis australiensis

Trigonostemon inopinatus

Triplarina nitchaga

Tristiropsis acutangula

Uromyrtus lamingtonensis

Vanda hindsii

Wahlenbergia scopulicola

Waterhousea mulgraveana

Westringia parvifolia

Westringia rupicola

Westringia sericea

Xanthostemon graniticus

Xanthostemon oppositifolius

Xanthostemon verticillatus

Zieria actites

Zieria boolbunda

Zieria collina

Zieria obovata

Zieria rimulosa

Zieria verrucosa

Subdivision 2 Declared management intent

18   Significance to nature and its value

(1)A plant that is vulnerable wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.

(2)Without limiting subsection (1), the plant represents—

(a)a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and

(b)a source of genetic information integral to an understanding of the evolution of the Australian biota; and

(c)a genetic resource of potential benefit to society.

19   Proposed management intent

The proposed management intent for a plant that is vulnerable wildlife is—

(a)to establish and maintain a database of information about the plant and its habitat; and

(b)to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the plant and its habitat; and

(c)to seek funding to help achieve the objectives of the recovery plans or conservation plans; and

(d)to act to ensure viable populations of the plant in the wild are preserved or re-established; and

(e)to cooperate with the Commonwealth and other State agencies—

(i)for the ongoing protection and management of the plant and its habitat; and

(ii)to work towards a national conservation status for the plant and its habitat; and

(f)to implement education programs for land managers about—

(i)threatening processes to the plant or its habitat; and

(ii)the conservation of the plant and its habitat; and

(g)to regularly monitor and review the conservation status of the plant and its habitat; and

(h)to encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and

(i)to protect the critical habitat, or the areas of major interest, for the plant; and

(j)to monitor and review environmental impact procedures to ensure they—

(i)accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and

(ii)provide for effective measures to mitigate any adverse impact of the activities on the plant; and

(iii)if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.

20   Principles relating to proposed taking, keeping and use

A plant that is vulnerable wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—

(a)is consistent with the management principles for the plant; and

(b)is not likely to reduce the ability of the plant’s population to expand.

Division 6 Near threatened wildlife

Subdivision 1 Plants

21   Plants

Scientific name

Acacia acrionastes

Acacia arbiana

Acacia armitii

Acacia calantha

Acacia grandifolia

Acacia guymeri

Acacia longipedunculata

Acacia ommatosperma

Acacia spania

Acacia storyi

Acacia wardellii

Aceratium ferrugineum

Aceratium sericoleopsis

Acmena mackinnoniana

Acronychia acuminata

Acronychia eungellensis

Acrotriche baileyana

Agathis microstachya

Aggreflorum pallidum

Agiortia cicatricata

Aglaia monticola

Allocasuarina rupicola

Alloxylon pinnatum

Alpinia hylandii

Alsophila cunninghamii

Anacolosa australis

Anoectochilus yatesiae

Antrophyum plantagineum

Apatophyllum teretifolium

Aphyllorchis anomala

Aphyllorchis queenslandica

Aponogeton elongatus subsp. elongatus

Ardisia bakeri

Argophyllum cryptophlebum

Argophyllum curtum

Argophyllum heterodontum

Argyrodendron sp. (Boonjie B.P.Hyland RFK2139)

Arytera dictyoneura

Austrobuxus megacarpus

Austrocallerya pilipes

Austromuellera trinervia

Beilschmiedia castrisinensis

Bertya pedicellata

Bertya sharpeana

Blakella scabrida

Blechnum reticulatum

Boronia amabilis

Boronia rivularis

Brachychiton compactus

Brachychiton grandiflorus

Brownlowia argentata

Bulbophyllum globuliforme

Bulbophyllum maxillare

Cadetia wariana

Callitris baileyi

Calochlaena villosa

Carex breviscapa

Cecarria obtusifolia

Ceratopetalum macrophyllum

Cerbera dumicola

Chiloglottis longiclavata

Coleus blakei

Coleus minutus

Comesperma breviflorum

Commersonia reticulata

Conospermum burgessiorum

Corsia dispar

Corunastylis sigmoidea

Corybas abellianus

Corybas cerasinus

Croton brachypus

Croton densivestitus

Crudia abbreviata

Cryptandra ciliata

Cryptocarya floydii

Cucumis costatus

Cupaniopsis newmanii

Dactyliophora novae-guineae

Dansiea elliptica

Demorchis queenslandica

Dendrobium malbrownii

Dendrobium schneiderae var. schneiderae

Dianella incollata

Didymoglossum mindorense

Didymoplexis pallens

Digitaria porrecta

Diospyros granitica

Diploglottis harpullioides

Diploglottis pedleyi

Dipteris conjugata

Discaria pubescens

Diteilis simmondsii

Diuris oporina

Dockrillia wassellii

Dodonaea uncinata

Dolichandrone spathacea

Donella lanceolata

Drosera adelae

Dryopteris hasseltii

Durringtonia paludosa

Ehretia microphylla

Eidothea zoexylocarya

Elaeocarpus coorangooloo

Elaphoglossum callifolium

Endiandra bellendenkerana

Endiandra globosa

Endiandra microneura

Eremophila tetraptera

Eucalyptus codonocarpa

Eucalyptus curtisii

Eucalyptus decolor

Eucalyptus tereticornis subsp. rotunda

Eucosia umbrosa

Eulophia bicallosa

Euphrasia orthocheila

Ficus melinocarpa var. hololampra

Fimbristylis carolinii

Frankenia scabra

Glochidion pungens

Glycine argyrea

Graptophyllum excelsum

Grastidium tozerense

Habenaria hymenophylla

Helicia lewisensis

Heliodendron xanthoxylon

Heptapleurum bractescens

Hernandia bivalvis

Hibbertia cymosa

Hibbertia elata

Hibbertia hexandra

Hibbertia monticola

Homoranthus tropicus

Hoya anulata

Hoya inconspicua

Hoya macgillivrayi

Hymenophyllum pallidum

Ipomoea antonschmidii

Jedda multicaulis

Kardomia squarrulosa

Labichea brassii

Lastreopsis dissecta

Leionema ambiens

Lenwebbia prominens

Lepiderema hirsuta

Lepiderema largiflorens

Lepturus geminatus

Lepturus xerophilus

Linospadix palmerianus

Litsea macrophylla

Livistona concinna

Livistona nitida

Lobelia membranacea

Macarthuria complanata

Macropteranthes leiocaulis

Macrozamia longispina

Mammea touriga

Margaritaria indica

Medicosma glandulosa

Megahertzia amplexicaulis

Meiogyne hirsuta

Melaleuca cheelii

Melaleuca flavovirens

Melaleuca formosa

Melaleuca groveana

Melaleuca pearsonii

Mezoneuron hymenocarpum

Microsorum membranifolium

Mirbelia confertiflora

Mischocarpus albescens

Momordica sphaeroidea

Muellerina myrtifolia

Neosepicaea viticoides

Neostrearia fleckeri

Nervilia crociformis

Nothoalsomitra suberosa

Oenanthe javanica

Olearia heterocarpa

Pandanus zea

Pararistolochia praevenosa

Pecteilis rumphii

Pecteilis xanthantha

Pectinopitys ladei

Peripentadenia mearsii

Persoonia daphnoides

Phylacium bracteosum

Pimelea umbratica

Piper mestonii

Pittosporum oreillyanum

Planchonella xylocarpa

Plectorrhiza beckleri

Pluchea alata

Polyalthia submontana subsp. submontana

Prasophyllum campestre

Prasophyllum exilis

Prasophyllum incompositum

Prostanthera petraea

Pseudanthus pauciflorus

Pseudolycopodiella limosa

Pseuduvaria hylandii

Pterostylis nigricans

Pterostylis setifera

Pterostylis sp. (Gundiah W.W.Abell AQ72188)

Ptilotus maconochiei

Randia audasii

Reholttumia costata

Remusatia vivipara

Rhodanthe rufescens

Robiquetia wassellii

Rutidosis glandulosa

Rutidosis lanata

Ryparosa kurrangii

Samadera baileyana

Sannantha brachypoda

Sarcopteryx montana

Scleromitrion polycladum

Senegalia albizioides

Solanum sporadotrichum

Spathoglottis paulinae

Sphaeromorphaea major

Sphaeropteris celebica

Stackhousia tryonii

Steganthera australiana

Steganthera laxiflora subsp. lewisensis

Stemona angusta

Stenocarpus cryptocarpus

Sterculia shillinglawii subsp. shillinglawii

Stigmatodactylus sublestus

Strongylodon lucidus

Stylidium trichopodum

Symplocos ampulliformis

Symplocos harroldii

Symplocos oresbia

Symplocos wooroonooran

Synima heterophylla

Syzygium buettnerianum

Taeniophyllum confertum

Taeniophyllum lobatum

Tecomanthe hillii

Thismia rodwayi

Trachymene geraniifolia

Trachymene glandulosa

Tristellateia australasiae

Wendlandia connata

Westringia blakeana

Whyanbeelia terrae-reginae

Wilkiea sp. (McDowall Range J.G.Tracey 14552)

Wodyetia bifurcata

Xanthophyllum fragrans

Xanthostemon arenarius

Xylosma ovata

Zieria adenodonta

Subdivision 2 Declared management intent

22   Significance to nature and its value

(1)A plant that is near threatened wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.

(2)Without limiting subsection (1), the plant represents—

(a)a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and

(b)a source of genetic information integral to an understanding of the evolution of the Australian biota; and

(c)a genetic resource of potential benefit to society.

23   Proposed management intent

The proposed management intent for a plant that is near threatened wildlife is—

(a)to establish and maintain a database of information about the plant and its habitat; and

(b)to monitor and review the conservation status of the plant and its habitat; and

(c)to the extent practicable, to put into effect strategies to address any threats to the conservation of the plant; and

(d)to act to prevent the further population decline of the plant in the wild; and

(e)to cooperate with the Commonwealth and other State agencies—

(i)for the ongoing protection and management of the plant and its habitat; and

(ii)to work towards a national conservation status for the plant and its habitat; and

(f)to monitor and review information about the requirements for the conservation of the plant and its habitat; and

(g)to encourage scientific research likely to contribute to an understanding of the plant or its habitat including, for example, the requirements for conserving the plant or habitat; and

(h)if a threatening process is affecting the plant to the extent that it is likely to become classified as extinct wildlife, extinct in the wild wildlife, critically endangered wildlife, endangered wildlife or vulnerable wildlife (each the new class of wildlife)—to manage the plant as if it were in the new class of wildlife until the plant is reclassified as a new class of wildlife; and

(i)to protect the critical habitat, or the areas of major interest, for the plant; and

(j)to monitor and review environmental impact procedures to ensure they—

(i)accurately assess the extent of the impact, on the plant, of the activities to which the procedures relate; and

(ii)provide for effective measures to mitigate any adverse impact of the activities on the plant; and

(iii)if there is an adverse impact of the activities on an area in which the plant normally exists, provide for the enhancement of other areas where the plant normally lives.

24   Principles relating to proposed taking, keeping and use

A plant that is vulnerable wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—

(a)is consistent with the management principles for the plant; and

(b)is not likely to reduce the ability of the plant’s population to expand.

Division 7 Least concern wildlife

Subdivision 1 Plants

25   Plants

A plant indigenous to Australia, other than a plant prescribed as another class of wildlife, is least concern wildlife.

Subdivision 2 Declared management intent

26   Significance to nature and its value

(1)A plant that is least concern wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the plant lives.

(2)Without limiting subsection (1), the plant represents—

(a)a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and

(b)a source of genetic information integral to an understanding of the evolution of the Australian biota; and

(c)a genetic resource of potential benefit to society.

27   Proposed management intent

The proposed management intent for a plant that is least concern wildlife is—

(a)to monitor and review the conservation status of the plant; and

(b)to the extent practicable, to prepare and put into effect conservation plans or other instruments for the plant if—

(i)the plant is of commercial, recreational, traditional or potential conservation interest; or

(ii)the chief executive considers the plant to be potentially vulnerable; and

(c)to encourage scientific research and inventory programs likely to contribute to an understanding of the plant or the Australian biota; and

(d)to incorporate into educational material and programs provided by the department, information about the plant’s contribution to Queensland’s and Australia’s biodiversity.

28   Principles relating to proposed taking, keeping and use

A plant that is least concern wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use is consistent with the management principles for the plant.

Schedule 2 Special least concern plants

section 19

1   Plant families

Least concern plants of the following families—

Alismataceae

Amaryllidaceae

Blechnaceae, other than Blechnum cartilagineum and Blechnum neohollandicum

Burmanniaceae

Byblidaceae

Campanulaceae, other than Isotoma anethifolia;

Cycadaceae

Cymodoceaceae

Dicksoniaceae, other than Calochlaena dubia

Doryanthaceae

Droseraceae

Dryopteridaceae

Gesneriaceae

Goodeniaceae (Brunonia only)

Hydrocharitaceae

Hymenophyllaceae

Juncaginaceae

Lentibulariaceae

Lycopodiaceae, other than Palhinhaea cernua

Menyanthaceae

Najadaceae

Nelumbonaceae

Nepenthaceae

Nymphaeaceae

Orchidaceae

Podostemaceae

Polypodiaceae

Potamogetonaceae

Psilotaceae

Pteridaceae, other than Adiantum formosum and Cheilanthes

Schizaeaceae

Stylidiaceae, other than Stylidium graminifolium

Zamiaceae

Zosteraceae

2   Plant genera

Least concern plants of the following genera—

Aponogeton

Blandfordia (Christmas bells)

Brachychiton

Cordyline, other than Cordyline petiolaris and C. rubra

Hydnophytum

Livistona

Myrmecodia

Xanthorrhoea

3   Plant species

Least concern plants of the following species—

Santalum lanceolatum (sandalwood)

Schedule 3 Conservation values for protected plants

section 20

Column 1	Column 2
Class of plant	Conservation value
1	extinct plants	19,654 fee units
2	extinct in the wild plants	19,654 fee units
3	critically endangered plants	15,723 fee units
4	endangered plants	15,723 fee units
5	vulnerable plants	11,788 fee units
6	near threatened plants	7,854 fee units
7	least concern plants	1,953 fee units

Schedule 4 Fees

sections 179 and 180(2)

Fee units
1	Application for a protected plant growing licence (ss 97(2)(c) and 180(2))—
(a)  concessional fee	156.80
(b)  otherwise	625.00
2	Application for a protected plant harvesting licence (ss 97(2)(c) and 180(2))—
(a)  concessional fee	313.90
(b)  otherwise	1,253.00
3	Application for a protected plant clearing permit (ss 97(2)(c) and 180(2))—
(a)  concessional fee	782.00
(b)  otherwise	3,138.00
4	For a major amendment of an application for a plant authority (s 107(2))	an amount equivalent to the concessional fee for an application for the authority
5	Application for each amendment of a plant authority, other than to change an address, requested by the holder of the authority (s 117(2)(b))	18.95
6	Supply of a tag (s 165(1))	0.50

Schedule 5 Dictionary

section 3

accept, a plant, does not include transfer of the plant between the holder of a plant authority and a relevant person for the holder who has taken the plant under the authority.

affected person ...

approved form ...

approved sustainable harvest plan, for a protected plant licence, means the sustainable harvest plan approved under section 106 by the chief executive for the licence.

associate, of a person whose suitability to hold a plant authority is being considered, for chapter 5, part 2, division 2, see section 100.

attach, a tag to a protected plant, means—

(a)insert into, or fasten to the outside of, the individual tube or pot containing the plant; or

(b)attach to the stem of the plant; or

(c)fasten to the board or other material on which the plant is mounted; or

(d)insert between the board or other material on which the plant is mounted and any backing material for the board or other material in a way that allows the tag to be seen.

authorised plant, in relation to a plant authority, means—

(a)for a plant authority granted for taking or using all plants in an area that is, or is about to be, lawfully destroyed—all plants in the area; or

(b)otherwise—a plant—

(i)identified on the authority under section 111(1)(f); and

(ii)the authority states it applies to under section 113; and

(iii)if section 114 applies to the plant—to which the authority applies under section 114(2).

authority management system, in relation to a plant authority, means the electronic system maintained by the department, and made accessible on the department’s website, for generating, sending, receiving, storing or processing electronic communications relating to the authority.

buffer zone see section 133(2).

claim period ...

clearing impact area see section 133(1).

contingent salvage, of a whole restricted plant, means harvesting of the plant in the following circumstances—

(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 57 applies; or

(iii)for carrying out a government infrastructure project; or

(iv)to harvest a timber plantation; or

(v)under a development approval under the Planning Act 2016;

(b)the plant—

(i)would otherwise be destroyed by the clearing; or

(ii)if the land from which the plant is harvested is lawfully cleared under a protected plant clearing permit—is not to be used under the permit for an impact management measure;

(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 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.

corporation see the Corporations Act, section 57A.

dangerous seized thing ...

ecosystem process, for schedule 1, see schedule 1, section 1.

environmental management plan means an operational plan for monitoring and managing the taking of part of a restricted plant under a protected plant harvesting licence.

fee exemption see section 181(2).

flora survey see section 140(1).

flora survey guidelines see section 142(1).

flora survey report see section 140(2).

flora survey trigger map see section 135.

harvest, for a protected plant—

(a)means take the plant in the wild to use the plant; and

(b)does not include take the plant by clearing for the use of the land from which the plant is taken.

harvest period, for a protected plant, means a period during which a person may take the plant.

harvest period notice see section 130(1).

high risk area see section 132.

impact management measure means work or an activity undertaken to ensure the survival of a threatened plant or near threatened plant.

Examples of impact management measures—

transplanting or propagating a threatened plant or near threatened plant

information, for schedule 1, see schedule 1, section 1.

information notice ...

internal review ...

internal review decision ...

land manager, for schedule 1, see schedule 1, section 1.

lawfully, in relation to doing an act, means to do the act in a way that is not prohibited under the Act or another law applying to the act.

licensed premises, for a plant authority, means the premises stated in the authority as the licensed premises for the authority.

management principles, for a protected plant, for schedule 1, see schedule 1, section 1.

movement, of a plant, means a continuous journey between 2 places that is broken only for a stop that is necessary or incidental for the journey.

Examples of stops necessary or incidental for a journey—

•a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities

•a stop for placing a plant to be moved to another country in quarantine

notice means written notice.

operational salvage, of a part of a protected plant, means harvesting the part of the plant in the following circumstances—

(a)the land from which the part is harvested is cleared or disturbed by repetitive, routine weed control activities, including, for example, slashing, ploughing or poisoning;

(b)the activities mentioned in paragraph (a) 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;

(c)the part—

(i)is taken in carrying out the activities; and

(ii)would otherwise be destroyed by carrying out the activities;

(d)the type of plant from which the part is taken will normally regenerate even if a significant proportion of the other parts of the plant that are above ground are taken or die;

(e)the use of the part is not the primary reason for carrying out the activities.

original decision ...

owner ...

part, of 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.

personal use, in relation to a local government’s use of a protected plant, includes use of a part of the plant in the local government’s botanical garden or park.

person in charge, for a plant authority held by a corporation, means the individual in charge of—

(a)the activity to be carried out under the authority; or

(b)the licensed premises for the authority.

plant authorities code means the document called ‘The code of practice for the harvest and use of protected plants under an authority’, approved by the chief executive under section 174A of the Actand published on the department’s website.

plant authority means a licence, permit or other authority mentioned in chapter 4, parts 3 to 7.

plant exemptions code means the document called ‘The code of practice for the take or use of a protected plant under an exemption’, approved by the chief executive under section 174A of the Actand published on the department’s website.

prescribed fee means a fee prescribed by chapter 9 to be payable under the Act.

private land means—

(a)freehold land; or

(b)land the subject of a lease containing an entitlement to a deed of grant in fee simple.

protected plant harvest label means a label about the harvest of a restricted plant that—

(a)states the matters set out for the label under the plant authorities code; and

(b)is legible for the life of the label.

protected plant harvest record see section 152(2).

protected plant licence means a protected plant growing licence or protected plant harvesting licence.

protected plants assessment guidelines means the assessment guidelines under section 174B of the Actabout considering an application for a plant authority.

protected plant trade label means a label about the use of a restricted plant for trade that—

(a)states the matters set out for the label under the plant authorities code; and

(b)is legible for the life of the label.

protected plant trade record see section 153(2).

QCAT information notice ...

recovery plan, for a plant—

(a)means a document stating what research and management is necessary to—

(i)stop the decline of the plant in the wild; or

(ii)support the recovery of the plant in the wild; or

(iii)enhance the chance of long-term survival of the plant in the wild; and

(b)includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 269A.

recreational plant society means a society that—

(a)is an incorporated association under the Associations Incorporation Act 1981; and

(b)has, as 1 of its main functions, the conservation of plants.

relevant applicant see section 181(1).

relevant day, for a person, for chapter 5, part 2, division 2, see section 100.

relevant person, for the holder of a plant authority, see section 5.

required declaration, for an application relating to a plant authority made using the authority management system, means a declaration that—

(a)relates to obligations or conditions that apply to the authority under this regulation; and

(b)the applicant is required to make in the authority management system to complete the application.

research and monitoring condition, in relation to a protected plant harvesting licence, means a condition requiring the holder of the licence—

(a)to research and monitor the effects of taking a part of a restricted plant under the licence; and

(b)to adopt an environmental management plan and give a copy of the plan to the chief executive when it is adopted and each time it is significantly changed; and

(c)to establish 1 or more monitoring plots to sample each species of restricted plant taken under the licence; and

(d)to carry out a yearly survey of the plants in each monitoring plot established.

restricted plant means a threatened plant, near threatened plant or special least concern plant.

sandalwood means a plant of the species Santalum lanceolatum.

seized thing ...

seizure notice ...

State-related land means—

(a)unallocated State land under the Land Act 1994; or

(b)land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31(1)(a) to (c) of that Act; or

(c)land dedicated as a reserve under the Land Act 1994, section 31(1)(d); or

(d)a State forest or timber reserve under the Forestry Act 1959; 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 Act 1994.

stock plant means a plant for providing propagative material by—

(a)dividing the plant; or

(b)removing the seed, cuttings or propagative material from the plant.

sustainable harvest plan, in relation to an application 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.

tag includes a band, ring, label or other thing that may be attached to a plant.

threatened plant means a plant that is threatened wildlife.

trade see section 4.

voluntary conservation organisation means an organisation that—

(a)is an incorporated association under the Associations Incorporation Act 1981; and

(b)has, as 1 of its objects or functions, the conservation of native plants.

volunteer community organisation means an organisation whose primary object or function is organising the provision of community services by volunteers.

whole, of a plant, see section 6.

year means a period of 12 months—

(a)starting at the beginning of any day; and

(b)ending—

(i)immediately before the beginning of the corresponding day of the following 12-month period; or

(ii)if the year started on 29 February—at the end of 28 February of the following 12-month period.