Wild Flowers and Native Plants Protection (Amendment) Act 1931 (NSW)

WILD FLOAVEKS AND NATIVE

PLANTS PEOTECTION

(AATENDAIENT) ACT.

Act No. 35, 1931.

An Act to make further provision for the protec- George v,

tion of wild flowers and native plants; to	'
enable the Pmilway Commissioners for New South Wales and any transport trust con­ stituted under the Transport Act, 1930, to take more effective means for such protec­ tion ; to amend the Wild Flowers and Native Plants Protection Act, 1927, in certain respects; and for purposes connected therewith. [Assented to, 14th September,

1931.] “

BE

296   Wild Flowers and Native Plants Protection

No. 35, 1331. (Amendment) Act.

E it enacted by the King’s Most Excellent Majesty,

by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South

Wales in Parliament assembled, and by the authority of

the same, as follows :—

Short title. 1 . (1) This Act may be cited as the “ Wild Flowers

and Native Plants Protection (Amendment) Act, 1931,” and shall be construed with the M'ild Flowers and Native Plants Protection Act, 1927, herein called the Principal Act.

(2) The Principal Act, as amended by this Act,

may be cited as the Wild Flowers and Native Plants

Protection Act, 1927-1931.

Amendment 2 . The Principal Act is amended by omitting section

i927'**s ®6ven and by inserting in lieu thereof the following new

’ section:—

Carriage by	7. (1) It shall be lawful for the Pailvvay Com­
Railway

Commis-	missioners for New South Wales, and for any
sionera and	transport trust constituted under the Transport
transport
trust.	Act, 1930, to refuse to convey or allow to be conveyed on any railway, tramway, or transport vehicle operated by or on behalf of such Com­ missioners or trust, any protected wild flower or protected native plant.
(2) It shall be the duty of the said Pailway Commissioners and of each transport trust to take measures—

(a)	to prevent any person from selling, or offering or exposing for sale, on premises under the management of such Commis­ sioners or trust, any protected wild flower or protected native plant;
(b)	to prevent any person from conveying or having in his possession or under his control in a railway carriage, tramway car, or trans­ port vehicle operated by or on behalf of such Commissioners or trust any protected wild flower or protected native p lant;
(c)	to prohibit the consignment for carriage by railway or other transport service operated by or on behalf of such Commissioners or trust any protected wild flower or protected
native plant. This

Wild Flowers and Native Plants Protection 297

(Amendment) Act. No. 35, 1931.

This subsection shall not extend to any protected wild flower or protected native plant grown upon private land and picked with the consent of the owner or lessee of that land or to any protected wild flower or protected native plant picked in pursuance of a license issued under section 5a of this Act.

(3) Jiy-laws and regulations may be made under the Government Railways Acts, 1912-1930, and the Transport Act, 1930, respectively, to give effect to this section. Such by-laws and regulations may provide penalties not exceeding twenty pounds for any breach thereof.

(4) (a) In any prosecution under any such by-law or regulation proof that a protected wild flower or protected native plant was during the period of protection—

(i)  sold, or offered or exposed for sale by the defendant on premises under the manage­ ment of the Railway Commissioners for New South Wales or a transport tru st; or

(ii)  conveyed by or was in the possession or under the control of the defendant in a railway carriage, tramway car, or transport vehicle; or

(iii)        consigned to the defendant,

shall he prima facie evidence that such wild flower or native plant was picked in contravention of this Act and the onus of proof to the contrary shall be upon the defendant.

(h) In any prosecution under such regu­ lations it shall he a sufficient defence to prove that—

(i)  the matter charged was the result of an accident; or

(ii)  the wild flower or native plant was grown upon private land and was picked with the consent of the owner or lessee of that land; or

(iii)  sucli wild flower or native ]>lant was picked in pursuance of a license issued under section 5a of this Act.

IRRIGATION