Nature Conservation (Plants) Regulation 2020.
Country
Type of law
Regulation
Date of original text
Date of latest amendment
Abstract
Nature Conservation (Plants) Regulation 2020 is organized in 12 Chapters. Chapter 1 Introduction provides information about meaning of trade, relevant person and details about plant authorities. Chapter 2 prescribes classes of plants as Wildlife (under part 5, division 2 of the Nature Conservation Act 1992) (the Act), provides for the declared management intent applying to each class of plant; prescribes special least concern plants for section 88D(1) of the Act; and prescribes the conservation value for particular plants for section 95 of the Act. Chapter 3 establishes exemptions from the the restriction on taking particular protected plants in the wild established under section 89(1) of the Act (e.g. Avoiding or reducing risk of death or serious injury to a person).
Chapter 4, Dealing with plants under plant authorities, 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.The licensing scheme mentioned in subsection 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. Chapter 5 regulates management of plant authorities, restriction on grant, application process for authorities, etc.
Chapter 6 concerns matters affecting the taking of protected plants and establishes for instance that the chief executive may, by notice (a harvest period notice), declare a harvest period for a protected plant if the chief executive considers it necessary for the conservation of nature. It also regulates flora survey trigger maps and reports. Chapter 7 is on offences. Chapter 8 establishes records, tags and labels requirements and standards. Chapter 9 is Fees. Chapter 10 Miscellaneous. Chapter 11 contains administrative provisions and Chapter 12 transitional provisions.
Chapter 4, Dealing with plants under plant authorities, 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.The licensing scheme mentioned in subsection 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. Chapter 5 regulates management of plant authorities, restriction on grant, application process for authorities, etc.
Chapter 6 concerns matters affecting the taking of protected plants and establishes for instance that the chief executive may, by notice (a harvest period notice), declare a harvest period for a protected plant if the chief executive considers it necessary for the conservation of nature. It also regulates flora survey trigger maps and reports. Chapter 7 is on offences. Chapter 8 establishes records, tags and labels requirements and standards. Chapter 9 is Fees. Chapter 10 Miscellaneous. Chapter 11 contains administrative provisions and Chapter 12 transitional provisions.
Attached files
Web site
Notes
Amendments up to include Nature Conservation Legislation Amendment Regulation 2025.
Repealed
No
Source language
English
Legislation Amendment
No
Implements