Wild Flowers and Native Plants Protection Act 1927 (NSW)
WILD FLOWERS ANT) NATIVE
PLANTS PROTECTION ACT.
Act No. 2, 1927.
George V, An A ct to provide for the protection at W ild Flowers and Native Plants ; to amend the Local Governm ent Act, 1919, the Govern m ent Hallways Act, 1912, and certain other Acts ; and for purposes connected thereAvith. [Assented to, 21st January , 1927.]
| " | BE |
Wild Flowers and Native Plants Protection Act.
it enacted l>y tlio King’s Most Excellent Miijc.sty, George V,
D by and with the advice and consent of the Legis lative Council and Legislative Assenddy of New South Wales in Parliament asseinhled, and hy the authority of the same, as follows ;—
1. (1) This Act may he cited as the “ Wild Elowers short title
| and Native Tlants rrotoction Act, 1927.” | me'ncement |
| (2) This Act shall come into operation on a date to he fixed hy the Governor and notified in the Gazette. |
2 . In this Act, unless the context otherwise indicatt'S nofmitioiis.
or requires,—
“ Native ])lant ” means any tree, shruh, fern, creeper, vine, ])alm, or plant which is indigenous to New South Wales, and includes any part thereof.
“ Protech'd tvild flower” or “ Protected native plant ” means any wild flower or native plant Avhich has been notified hy the Governor to he a wild flower or a native plant protected under this Act.
“ Pick,” in relation to a protected wild flower or a pi’otccted native plant means to gather, ])hiek, cut, pull up, destroy, take, dig up, remove, or injure the flower or plant, or any ]>art thereof.
“ Private land ” includes land leased from the Crown, or which is in the course of alienation hy the Crown under any Act.
“ Protected period ” means the period for which a wild flower or native plant is notified as protected under this Act.
“ Wild flower ” means the flower of any native
plant.
| 3. (1) The Governor may notify hy proclamation ])uhlished in the Gazette that any wild flower or native plant specified in the proclamation is protected imder this Act throughout the Avhole State or in any part thereof specified in the proclamation. | of protection. |
| (2) Such protection may | for a limihal or |
unlimited period, as may he specified in the proclama
tion.
(3) The Governor may revoke or amend such proclamation at anv time hv a like proclamation.
| ‘ | ‘ | (1) |
Wild Flowers and Native Plants Protecticm Act.
| George V, | (4). Notwithstanding the provision&of the Forestry 1916, or any Act amending the same, the Forestry Commission shall not issue a license for the removal of any protected wild flower or native plant from any State forest or timber reserve or Crorni land to which any such proclamation applies during the period such wild flower or native plant is protected under this A ct; and any such license in existence at the date of the publi cation of such proclamation in the Gazette shall cease to be operative during the period of such protection. |
No. 2.
| Peiiaity for | (1) | person wlio during the protected period |
| conduct of | picks a protected wild flower or protected native plant |
prosecution?, which is growing—
(a) on any Crown land or State forest; or
| (b) | on any public park or any land dedicated or reserved for a public purpose under the Crown Lands Consolidation Act, 1913, or any other A c t; or |
| (c) | on any jirivate land the owner or lessee of which has not given his permission thereunto, |
shall be guilty of an offence.
Prima facie
| evidence. | (2) In any prosecution under this section proof that such protected wild flower or protected native plant was found in the possession of the defendant during the protected period shall be prima facie evidence that the defendant picked such wild flower or native plant in contravention of this section and the onus of proof to the contrary shall be upon the defendant. |
| (3) In any prosecution under this section it shall be a sufficient defence to prove that the matter charged as an offence was the result of accident. |
| Selling | 5. | Any person who sells or offers or exposes for sale |
| forbidden. | any protected wild flower or protected: native plant during the protected period shall be guilty of an offence. |
| I t shall be a sufficient desfence' in any prosecution under th is section to prove-that the udld flower or native plant Avas groAvn upon private land and Avas picked Avith the-consent of the owner orlessee of that laud. |
5a.
Wild Flowers and Native Plants Protection Act.
5 a. The Minister may, in the prescribed form, and George V,
| subiect to anv limitations as to locality and to any other conditions be may think projier, issue licenses authorising fo'?Siti!icf‘’' the holders thereof to pick the protected wild flowers or protected native plants specified therein I'or scientific ami Animais | ^ | I’loteetion Act, |
| purposes. | ibis. |
5 b. Any authorised servant of any council of a s.ispocted
municipality or shire duly constituted under the I^ocal
Government Act, 1919, any member of the police force, audaaaress.
| any ranger or caretaker of any Crown land or State forest or public park or land di.'dieated or reserved for a public purpose under any Act, and U])on production of an authority purporting to be signed by any body of trustees or authority or Alinister of the Crown having eliarge of any land or by any owner or lessee of private land or by the duly authorised otficer of a shire or municipal council any jierson holding such authority may require any person reasonably susj)c'cted of having otfended against this Act to give his jiame and address, and to deliver np any protected wild llouer or native plant in his possession. | ■ |
| Any person Avho, when so required, refuses to give his name and address, or gives a false name and address, or refuses to deliver np such protected Avild flower or native ])lant shall be guilty of an olVence. | |
| 5c. Tlie Minister ma appoint lionorarv rangers to carry out the provisions of this A c t; such lionorary | " ’ |
| rangers shall have the poAvers conferred by section 5u of this Act upon any member of the police force. |
6. Any person convicted of an otlence against this
Act shall be liable—
| (a) | for a first oil’ence to a penalty not exceeding five pounds ; |
| (b) | for a second offence to a penalty not exceeding ten pounds; |
| (c) | for a third or subsequent offence to a penalty not exceeding twenty pounds. |
7 . (1) Notwithstanding anything contained in the I’owei (.f
Government liaihvays Act, 1912, it shall be laAvful for
the Itailway Commissioners for New South M’ales tortUiseto refuse to convey or alloAv to be conveyed on any Govern- p'oteJteii ment railAA'av anv protected Avild flower or protected wiui iiower
| native plant. | mive plant |
90 Land Agents Act.
| George V, | (2) Tlie Railway Commissioners for Xcw Soutli Wales shall take measures to prevent any person selling or exposing for sale on railway premises any proteeted ■wild llower or protected native plant. |
No. 2.
| Kegulai inns. | (3) Regulations may be made under the Govern ment Railways Act, 1912, to give effect to this section, and to regulate or prohibit the carriage of protected Avild |
| floAA crs or protected natiA'c plants upon the Government | |
| railways. Such regulations may provide penalties not exceeding twenty pounds for any breach thereof. | |
| Repeal of s. 179 |
| of the li.Ci. Act. | 8. (1) Section four hundred and seventy-nine of the |
Local Government Act, 1919, is repealed.
Repeal of
| s. 513 (p), | (2) Paragrajih (p) of section live hundred and |
| fj.G. Act, | thirteen of the Local Government Act, 1919, is hereby repealed. |
| Repeal of |
| Act 1922 | (3) Section twenty-seven of the Local Govern |
| No. 29, S.-27. | ment (Validation and Amendment) Act, 1922, is hereby repealed. |
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