Nature Conservation (Plants) Regulation 2020

Queensland Nature Conservation Act 1992 Nature Conservation (Plants) Regulation 2020 Current as at 20 May 2022 © State of Queensland 2022 This work is licensed under a Creative Commons Attribution 4.0 International License. https://www.legislation.qld.gov.au/copyright Queensland Nature Conservation (Plants) Regulation 2020 Contents Page Chapter 1 Introduction Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 2 Interpretation 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 Meaning of trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 Meaning of relevant person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6 Meaning of whole of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 References to classes of wildlife . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Scientific names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 References relating to plant authorities . . . . . . . . . . . . . . . . . . . . 16 9A Rounding of amounts expressed as numbers of fee units . . . . . 17 Part 3 Application of regulation 10 Protected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Chapter 2 Classification of plants, declared management intent and conservation values Part 1 Preliminary 11 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 2 Protected wildlife 12 Extinct wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Extinct in the wild wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Critically endangered wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 15 Endangered wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 16 Vulnerable wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 Near threatened wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Contents Nature Conservation (Plants) Regulation 2020 18 Least concern wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 3 Special least concern plants 19 Special least concern plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 4 Conservation values for protected plants 20 Conservation value for classes of protected plants . . . . . . . . . . . 21 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 . . . . . . . . . . . . 21 Division 2 Exemptions 22 Avoiding or reducing risk of death or serious injury to a person . 22 23 Avoiding or reducing risk of serious damage to buildings or property 22 24 Particular persons acting under Fire and Emergency Services Act 1990 22 Part 2 General exemptions for using protected plants Division 1 Preliminary 25 Exemption for using protected plants—Act, s 90 . . . . . . . . . . . . 23 Division 2 Exemptions 26 Landholders gaining benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 27 Particular persons using protected plants for personal use . . . . 24 28 Particular persons using protected plants for trade . . . . . . . . . . . 24 29 Propagated whole restricted plants . . . . . . . . . . . . . . . . . . . . . . . 25 30 Cultivated parts of restricted plants . . . . . . . . . . . . . . . . . . . . . . . 26 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 26 Division 2 Taking and using generally 32 Least concern plants, other than special least concern plants, taken for use of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 33 Marine plants that are special least concern plants . . . . . . . . . . 27 34 Queensland Herbarium employees . . . . . . . . . . . . . . . . . . . . . . . 28 35 Members of Australian Defence Force . . . . . . . . . . . . . . . . . . . . 28 36 Conservation or revegetation program . . . . . . . . . . . . . . . . . . . . 29 37 Grazing activities on private land . . . . . . . . . . . . . . . . . . . . . . . . 30 38 Grazing activities on State-related land . . . . . . . . . . . . . . . . . . . . 30 Division 3 Taking and using parts of protected plants Page 2 Contents Nature Conservation (Plants) Regulation 2020 39 Identification, educational or scientific purpose . . . . . . . . . . . . . . 30 40 Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval . . . . . . . . . 32 41 Fodder on private land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 42 Fodder on State-related land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 43 Sick, injured or orphaned protected animals . . . . . . . . . . . . . . . . 34 44 Operational salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4 Taking by clearing and use 45 Least concern plants taken by clearing . . . . . . . . . . . . . . . . . . . . 34 46 Areas other than high risk areas—proponent for particular projects 35 47 Areas other than high risk areas—other persons . . . . . . . . . . . . 37 48 High risk areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 49 Particular maintenance activities . . . . . . . . . . . . . . . . . . . . . . . . . 38 50 Firebreaks or fire management lines . . . . . . . . . . . . . . . . . . . . . . 39 51 Compliance with accepted development vegetation clearing code 40 52 Authority under another law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 53 Conservation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 54 Area already cleared—particular permits . . . . . . . . . . . . . . . . . . 41 55 Area already cleared—high risk areas . . . . . . . . . . . . . . . . . . . . 41 56 Area already cleared—authority under another law . . . . . . . . . . 42 Part 4 Other exemptions 57 Exemption for taking and using protected plants under particular authority or lease—Act, ss 89 and 90 . . . . . . . . . . . . . . . . . . . . . 43 58 Exemption for using protected plant registered under Plant Breeder’s Rights Act 1994 (Cwlth)—Act, s 90 . . . . . . . . . . . . . . . . . . . . . . . 43 Chapter 4 Dealing with plants under plant authorities Part 1 Preliminary 59 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 60 Inconsistency between authority provisions and conservation plan 45 Part 2 Provisions applying to all plant authorities Division 1 General limitation on authorities 61 Plants must be lawfully obtained . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2 General conditions Subdivision 1 Preliminary 62 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Subdivision 2 Inspection of authorities 63 Plant authority must be available for inspection . . . . . . . . . . . . . 47 Page 3 Contents Nature Conservation (Plants) Regulation 2020 Subdivision 3 Notification of changes 64 Notification of particular changes . . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 4 Buying, accepting, receiving, selling and giving away plants 65 Buying, accepting and receiving plants . . . . . . . . . . . . . . . . . . . . 48 66 Selling and giving away plants . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Subdivision 5 Restriction on monitoring plots 67 Restricted plants not to be taken from another monitoring plot . . 49 Part 3 Protected plant growing licences Division 1 Grant and restrictions on grant 68 Grant of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 69 General restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 70 Restriction on grant of licence to take seed or propagative material from particular restricted plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 2 Activities authorised under licence 71 Taking restricted plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 3 Conditions 72 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 73 Way plant to be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 74 Taking of plant during harvest period . . . . . . . . . . . . . . . . . . . . . 52 75 Compliance with sustainable harvest plan . . . . . . . . . . . . . . . . . 53 76 Taking plant to sell or give away . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 4 Protected plant harvesting licences Division 1 Grant and restrictions on grant 77 Grant of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 78 Restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 2 Activities authorised under licence 79 Taking and using plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 3 Conditions 80 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 81 Way plant to be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 82 Taking of plant during harvest period . . . . . . . . . . . . . . . . . . . . . 56 83 Compliance with sustainable harvest plan . . . . . . . . . . . . . . . . . 57 84 Information about monitoring plot for research and monitoring condition 57 Part 5 Protected plant clearing permits Division 1 Preliminary Page 4 Contents Nature Conservation (Plants) Regulation 2020 85 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 2 Grant and restrictions on grant 86 Grant of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 87 General restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 88 Restriction on grant of permit in relation to particular areas . . . . 60 Division 3 Activities authorised under permit 89 Taking and using plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 6 Aboriginal tradition authorities Division 1 Grant and restrictions on grant 90 Grant of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 91 Restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 2 Activities authorised under authority 92 Taking and using plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Part 7 Island custom authorities Division 1 Grant and restrictions on grant 93 Grant of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 94 Restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 2 Activities authorised under authority 95 Taking and using plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Chapter 5 Managing plant authorities Part 1 Restrictions on grant for all authorities 96 Restrictions on grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 2 Applications for authorities Division 1 Making applications 97 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 98 Chief executive may require sustainable harvest plan . . . . . . . . 66 Division 2 Suitability 99 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 100 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 101 Suitability based on convictions . . . . . . . . . . . . . . . . . . . . . . . . . 67 102 Suitability based on other matters . . . . . . . . . . . . . . . . . . . . . . . . 68 103 Accumulation of demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 3 Considering applications 104 Matters chief executive must consider . . . . . . . . . . . . . . . . . . . . 70 105 Chief executive may require further information or document . . . 72 106 Approval of sustainable harvest plan . . . . . . . . . . . . . . . . . . . . . 73 Page 5 Contents Nature Conservation (Plants) Regulation 2020 107 Amending application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 4 Deciding applications 108 Chief executive to decide application . . . . . . . . . . . . . . . . . . . . . 74 109 Steps to be taken after application decided . . . . . . . . . . . . . . . . 75 Part 3 Form of authorities 110 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 111 Matters to be stated in plant authority . . . . . . . . . . . . . . . . . . . . . 75 112 Stating species in plant authority . . . . . . . . . . . . . . . . . . . . . . . . . 77 113 Plant authority may be limited to whole plants or parts of plants 77 114 Meaning of number in plant authority . . . . . . . . . . . . . . . . . . . . . 77 Part 4 Term of authorities 115 Term of plant authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Part 5 Amendment, suspension or cancellation of authorities Division 1 Minor amendments 116 Minor amendments by chief executive . . . . . . . . . . . . . . . . . . . . 79 Division 2 Amendments by application 117 Application for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 118 Considering and deciding application . . . . . . . . . . . . . . . . . . . . . 80 119 Steps to be taken after application decided . . . . . . . . . . . . . . . . 80 Division 3 Non-immediate amendments by chief executive 120 Grounds for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 121 Procedure for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 4 Immediate amendment or suspension by chief executive 122 Safety and conservation grounds . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 5 Non-immediate suspension or cancellation by chief executive 123 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 124 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 6 Return of authorities 125 After amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 126 After suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 127 After cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Part 6 Replacement and surrender of authorities 128 Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 129 Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Chapter 6 Matters affecting the taking of protected plants Part 1 Harvest periods Page 6 Contents Nature Conservation (Plants) Regulation 2020 130 Declaration of harvest period . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Part 2 Flora surveys Division 1 Preliminary 131 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 132 Meaning of high risk area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 133 Meaning of clearing impact area . . . . . . . . . . . . . . . . . . . . . . . . . 91 134 Agreed buffer zone for area to be cleared . . . . . . . . . . . . . . . . . . 91 Division 2 Flora survey trigger map 135 What is the flora survey trigger map . . . . . . . . . . . . . . . . . . . . . . 92 136 Reviewing and amending map . . . . . . . . . . . . . . . . . . . . . . . . . . 92 137 Public availability of map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 138 Period of validity of copy of map . . . . . . . . . . . . . . . . . . . . . . . . . 93 139 Checking map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 3 Flora surveys and flora survey reports 140 What is a flora survey and flora survey report . . . . . . . . . . . . . . . 93 141 When flora survey is required . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 142 Chief executive may make flora survey guidelines . . . . . . . . . . . 94 143 Alternative survey methodology for flora survey or flora survey report 95 144 False or misleading information in flora survey report . . . . . . . . . 95 Chapter 7 Other offences Part 1 Plant authorities 145 Compliance with conditions of plant authority . . . . . . . . . . . . . . . 96 Part 2 Code of practice 146 Compliance with plant exemptions code . . . . . . . . . . . . . . . . . . . 97 Part 3 Protected plants 147 Procedure if particular whole restricted plant stolen . . . . . . . . . . 97 148 Dealing with part of protected plant taken for identification, educational or scientific purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Part 4 Non-native plants 149 Spreading or releasing particular parts of non-native plants . . . . 99 Chapter 8 Records, tags and labels Part 1 Records Division 1 Preliminary 150 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 151 Approved person may keep records . . . . . . . . . . . . . . . . . . . . . . 100 Page 7 Contents Nature Conservation (Plants) Regulation 2020 Division 2 Records to be kept by holders of plant authorities Subdivision 1 Keeping records 152 Protected plant harvest record for particular restricted plants . . . 101 153 Protected plant trade record for particular restricted plants . . . . 101 154 Record about buying or accepting restricted plant . . . . . . . . . . . 102 155 Record about selling or giving away restricted plant . . . . . . . . . . 102 156 Relevant person may keep record for holder of plant authority . . 103 Subdivision 2 Requirements for protected plant harvest records and protected plant trade records 157 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 158 Information must be complete, accurate and legible . . . . . . . . . . 104 159 How records must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 160 Where records or copies must be kept . . . . . . . . . . . . . . . . . . . . 105 161 How long records or copies must be kept . . . . . . . . . . . . . . . . . . 105 162 When information must be included in record . . . . . . . . . . . . . . . 105 Division 3 Other offences for records required to be kept under Act 163 Notice of theft, loss or destruction of, or damage to, particular records 106 164 Tampering with records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Part 2 Tags Division 1 Supply of tags 165 Chief executive may supply tags for use . . . . . . . . . . . . . . . . . . . 107 166 Nature of tags supplied by chief executive . . . . . . . . . . . . . . . . . 107 Division 2 Attaching tags 167 Attaching tag to particular whole restricted plants . . . . . . . . . . . . 108 Division 3 Requirements for tags 168 Using tags generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 169 Tags not to be used by unauthorised person . . . . . . . . . . . . . . . 109 170 Tampering with official tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 171 Recall of tags supplied by chief executive . . . . . . . . . . . . . . . . . . 110 Part 3 Labels Division 1 Preliminary 172 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Division 2 Attaching labels 173 Protected plant harvest label for particular restricted plants . . . . 111 174 Protected plant trade label for particular restricted plants . . . . . . 112 Page 8 Contents Nature Conservation (Plants) Regulation 2020 175 Label for particular restricted plants sold, exchanged or given away, or moved, outside State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Division 3 Requirements for labels 176 False or misleading information in particular labels . . . . . . . . . . 114 177 Removing particular labels about harvest of restricted plants . . . 114 Chapter 9 Fees Part 1 Fees payable 178 Application of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 179 Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 180 Concessional fee for application for particular plant authorities . 115 Part 2 Exemption from plant authority fees 181 Application for fee exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 182 Considering and deciding application for fee exemption . . . . . . . 117 183 Steps to be taken after application for fee exemption decided . . 117 184 Effect of grant of fee exemption . . . . . . . . . . . . . . . . . . . . . . . . . 118 Part 3 Refund of fees 185 Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Chapter 10 Miscellaneous 186 Processed products—Act, schedule, definition protected plant . 119 Chapter 11 Administrative provisions Part 1 Review of decisions Division 1 Preliminary 188 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Division 2 Internal review 189 Review process must start with internal review . . . . . . . . . . . . . . 121 190 Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . 121 191 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 192 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Division 3 Staying operation of original decision 193 QCAT may stay operation of original decision . . . . . . . . . . . . . . 123 Division 4 External review 194 Applying for external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Part 2 Seizure of property Division 1 Preliminary 195 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Division 2 Power to seize things Page 9 Contents Nature Conservation (Plants) Regulation 2020 196 Seizure of things for the protection of native plants . . . . . . . . . . 126 Division 3 Dealing with seized things 197 General powers for seized things . . . . . . . . . . . . . . . . . . . . . . . . 126 198 Tampering with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 199 Dangerous seized things must be destroyed . . . . . . . . . . . . . . . 127 200 Way seized thing must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . 128 201 Seizure notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 202 Release of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 203 Sale and disposal of seized things with market value of more than $500 129 204 Sale and disposal of seized things with market value of $500 or less 130 205 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . 130 206 Compensation not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Part 3 Approved forms 207 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Chapter 12 Transitional provisions Part 1 Transitional provisions for SL No. 137 of 2020 Division 1 Preliminary 208 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Division 2 Existing wildlife authorities for plants 209 Existing wildlife authorities for plants continued . . . . . . . . . . . . . 133 210 Existing amendments or suspensions continued . . . . . . . . . . . . 133 211 Term of transitioned authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 134 212 Existing fee exemptions continued . . . . . . . . . . . . . . . . . . . . . . . 134 Division 3 Existing applications for wildlife authorities for plants and internal review 213 Undecided applications for wildlife authorities . . . . . . . . . . . . . . . 134 214 Undecided applications or entitlements for internal or external review 135 Division 4 Record keeping and supplied tags 215 Particular existing records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 216 Supplied tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 217 Approvals about use or transfer of tags . . . . . . . . . . . . . . . . . . . 137 218 Undecided applications for tags . . . . . . . . . . . . . . . . . . . . . . . . . 137 Division 5 Matters relating to clearing 219 Existing agreements by chief executive for buffer zone for clearing Page 10 Contents Nature Conservation (Plants) Regulation 2020 impact area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 220 Existing agreements by chief executive for alternative survey methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 221 Continuation of existing flora surveys . . . . . . . . . . . . . . . . . . . . . 139 222 Continuation of existing flora survey reports . . . . . . . . . . . . . . . . 139 223 Existing copy of flora survey trigger map . . . . . . . . . . . . . . . . . . 140 Division 6 Other matters 224 Other undecided applications, invitations, requests, notices and notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 225 Seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Division 7 References in documents 226 References to repealed regulations . . . . . . . . . . . . . . . . . . . . . . 142 Part 2 Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 227 Continuing application of former s 102 to existing applications . . 142 Schedule 1 Classification of plants and declared management intent . . 143 Part 1 Preliminary 1 Definitions for schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Part 2 Protected wildlife Division 1 Extinct wildlife—declared management intent 2 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 144 3 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 4 Principles relating to proposed taking, keeping and use . . . . . . . 145 Division 2 Extinct in the wild wildlife Subdivision 1 Plants 5 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Subdivision 2 Declared management intent 6 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 146 7 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 8 Principles relating to proposed taking, keeping and use . . . . . . . 147 Division 3 Critically endangered wildlife Subdivision 1 Plants 9 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Subdivision 2 Declared management intent 10 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 152 11 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 12 Principles relating to proposed taking, keeping and use . . . . . . . 154 Page 11 Contents Nature Conservation (Plants) Regulation 2020 Division 4 Endangered wildlife Subdivision 1 Plants 13 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Subdivision 2 Declared management intent 14 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 163 15 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 16 Principles relating to proposed taking, keeping and use . . . . . . . 164 Division 5 Vulnerable wildlife Subdivision 1 Plants 17 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Subdivision 2 Declared management intent 18 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 185 19 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 20 Principles relating to proposed taking, keeping and use . . . . . . . 186 Division 6 Near threatened wildlife Subdivision 1 Plants 21 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Subdivision 2 Declared management intent 22 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 197 23 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 24 Principles relating to proposed taking, keeping and use . . . . . . . 198 Division 7 Least concern wildlife Subdivision 1 Plants 25 Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Subdivision 2 Declared management intent 26 Significance to nature and its value . . . . . . . . . . . . . . . . . . . . . . . 199 27 Proposed management intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 28 Principles relating to proposed taking, keeping and use . . . . . . . 200 Schedule 2 Special least concern plants . . . . . . . . . . . . . . . . . . . . . . . . . . 201 1 Plant families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 2 Plant genera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 3 Plant species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Schedule 3 Conservation values for protected plants . . . . . . . . . . . . . . . 203 Schedule 4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Page 12 [s 1] Nature Conservation (Plants) Regulation 2020 Chapter 1 Introduction 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. Current as at 20 May 2022 Page 13 Authorised by the Parliamentary Counsel [s 5] Nature Conservation (Plants) Regulation 2020 Chapter 1 Introduction 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 Island custom authority—each person stated on the authority as a person who may take or use a plant under the authority; or Page 14 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 6] Nature Conservation (Plants) Regulation 2020 Chapter 1 Introduction (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 stated in the authority as the person in charge of the licensed premises 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. Current as at 20 May 2022 Page 15 Authorised by the Parliamentary Counsel [s 7] Nature Conservation (Plants) Regulation 2020 Chapter 1 Introduction 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 document called ‘Census of the Queensland Flora’, published on the department’s website. Note— A copy of the census is available for inspection by the public at the Queensland Herbarium, Mt Coot-tha Road, Toowong. 9 References 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. Page 16 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 9A] Nature Conservation (Plants) Regulation 2020 Chapter 1 Introduction 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. Current as at 20 May 2022 Page 17 Authorised by the Parliamentary Counsel [s 11] Nature Conservation (Plants) Regulation 2020 Chapter 2 Classification of plants, declared management intent and conservation values 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. Page 18 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 13] Nature Conservation (Plants) Regulation 2020 Chapter 2 Classification of plants, declared management intent and conservation values 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. Current as at 20 May 2022 Page 19 Authorised by the Parliamentary Counsel [s 16] Nature Conservation (Plants) Regulation 2020 Chapter 2 Classification of plants, declared management intent and conservation values 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. Page 20 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 19] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Act to take a protected plant that is in the wild if this part states an exemption applies to the person for taking the plant. Current as at 20 May 2022 Page 21 Authorised by the Parliamentary Counsel [s 22] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 and Emergency 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— Page 22 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 25] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (i) authorised under the Fire and Emergency Services Act 1990, section 53(1) or 68(1)(c); or (ii) required under section 53(2)(j) or 69(1) of that Act; or (b) the taking is by a person lighting a fire that is— (i) authorised under a notification under the Fire and Emergency Services Act 1990, section 63 or a permit granted under section 65 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 Act to use a protected plant if this part states an exemption applies to the person for using the plant. Notes— 1 Section 146 requires a person using a protected plant under an exemption in this part to comply with the plant exemptions code. 2 Chapter 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 Current as at 20 May 2022 Page 23 Authorised by the Parliamentary Counsel [s 27] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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, Page 24 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 29] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Current as at 20 May 2022 Page 25 Authorised by the Parliamentary Counsel [s 30] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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 Act to 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 Act to use a protected plant if this part states an exemption applies to the person for using the plant. Page 26 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 32] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions Notes— 1 Section 146 requires a person taking or using a protected plant under an exemption in this part to comply with the plant exemptions code. 2 Chapter 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. Current as at 20 May 2022 Page 27 Authorised by the Parliamentary Counsel [s 34] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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. Page 28 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 36] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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. Current as at 20 May 2022 Page 29 Authorised by the Parliamentary Counsel [s 37] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Page 30 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 39] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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. Current as at 20 May 2022 Page 31 Authorised by the Parliamentary Counsel [s 40] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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— Page 32 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 42] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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. Current as at 20 May 2022 Page 33 Authorised by the Parliamentary Counsel [s 43] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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. Page 34 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 46] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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 Current as at 20 May 2022 Page 35 Authorised by the Parliamentary Counsel [s 46] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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. Page 36 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 47] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Current as at 20 May 2022 Page 37 Authorised by the Parliamentary Counsel [s 49] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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. Page 38 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 50] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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— Current as at 20 May 2022 Page 39 Authorised by the Parliamentary Counsel [s 51] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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. Page 40 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 53] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Current as at 20 May 2022 Page 41 Authorised by the Parliamentary Counsel [s 56] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions (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. Page 42 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 57] Nature Conservation (Plants) Regulation 2020 Chapter 3 Dealing with protected plants under exemptions 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 Act to 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 Act to 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 Act to 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). Current as at 20 May 2022 Page 43 Authorised by the Parliamentary Counsel [s 59] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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. Page 44 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 60] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities Notes— 1 See part 5, division 4 of the Act for offences prohibiting particular persons from carrying out activities in relation to protected plants in particular circumstances. 2 See chapter 3 for activities that may be carried out by a person under an exemption whether or not the person holds a plant authority. 3 See 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. Current as at 20 May 2022 Page 45 Authorised by the Parliamentary Counsel [s 61] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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— 1 See sections 89(4) and 90A of the Act for offences in relation to plants not lawfully taken. 2 Part 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— 1 Failure to comply with a condition of a plant authority is an offence under section 145. 2 Also, 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. Page 46 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 63] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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 (1) The holder of a plant authority must before, or immediately after, a relevant change happens— (a) give the chief executive a notice stating the nature of the change; and (b) apply to the chief executive for an amendment of the authority to reflect the change. Note— For amending a plant authority by application, see section 117. (2) In this section— relevant change, in relation to a plant authority, means a change of any of the following— (a) the name of the holder of the authority; Current as at 20 May 2022 Page 47 Authorised by the Parliamentary Counsel [s 65] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities (b) the postal, residential or business address of the holder stated in the authority; (c) if the holder is a corporation— (i) the person in charge of the activity carried out under the authority; or (ii) the person in charge of the licensed premises for the authority; (d) the licensed premises for the authority. 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. Page 48 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 67] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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. Current as at 20 May 2022 Page 49 Authorised by the Parliamentary Counsel [s 70] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities (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. Page 50 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 71] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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— 1 Failure to comply with a condition of a plant authority is an offence under section 145. 2 Also, 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. Current as at 20 May 2022 Page 51 Authorised by the Parliamentary Counsel [s 73] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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. Page 52 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 75] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities (3) However, this section does not apply if 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 Current as at 20 May 2022 Page 53 Authorised by the Parliamentary Counsel [s 78] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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) Subsection (3) does not apply to the grant of a protected plant harvesting licence for taking a restricted plant only by way of contingent salvage. (5) 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. (6) 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. Page 54 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 79] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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— 1 Failure to comply with a condition of a plant authority is an offence under section 145. 2 Also, 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. Current as at 20 May 2022 Page 55 Authorised by the Parliamentary Counsel [s 81] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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, other than by way of contingent salvage; 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. Page 56 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 83] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities (3) However, this section does not apply if 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 activities under the licence. 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— Current as at 20 May 2022 Page 57 Authorised by the Parliamentary Counsel [s 85] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities (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. Page 58 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 86] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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 Current as at 20 May 2022 Page 59 Authorised by the Parliamentary Counsel [s 88] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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. Page 60 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 89] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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. Current as at 20 May 2022 Page 61 Authorised by the Parliamentary Counsel [s 91] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities 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 people 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. Page 62 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 93] Nature Conservation (Plants) Regulation 2020 Chapter 4 Dealing with plants under plant authorities Part 7 Island custom 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 Island custom authority for a protected plant. 94 Restrictions on grant (1) The chief executive must not grant an Island custom authority for a protected plant to a person other than a corporation whose members represent a community or group of Torres Strait Islanders particularly concerned with the land from where the plant is to be taken. (2) The chief executive must not grant an Island custom 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 Island custom. (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 Island custom 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 Island custom authority, or a relevant person for the holder, may carry out the following activities— Current as at 20 May 2022 Page 63 Authorised by the Parliamentary Counsel [s 96] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (a) take, in accordance with Island custom, 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) 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 Page 64 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 97] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (e) a plant to which the authority could apply has been unlawfully taken, kept or used; or (f) 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 Current as at 20 May 2022 Page 65 Authorised by the Parliamentary Counsel [s 98] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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. 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— Page 66 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 101] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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 Current as at 20 May 2022 Page 67 Authorised by the Parliamentary Counsel [s 102] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (iv) an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (iii) 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— 1 A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant. 2 A person convicted of an offence against section 89 of the Act for 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 relevant 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 Page 68 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 103] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (c) the person, or an associate of the person, is or was the holder of an authority, however described, under the law of another jurisdiction that— (i) is or was equivalent to a relevant authority; and (ii) was suspended or cancelled within 3 years before the relevant day. (3) In this section— relevant authority means— (a) a plant authority; or (b) a licence, permit or other authority granted under the repealed Nature Conservation (Administration) Regulation 2017, section 14, 15 or 16. 103 Accumulation of demerit points (1) This section applies for considering suitability under section 102 of a person who— (a) is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act; and (b) pays the fine for the infringement notice for the offence or is convicted of the offence. (2) 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; Current as at 20 May 2022 Page 69 Authorised by the Parliamentary Counsel [s 104] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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) Subsection (2) applies whether an event mentioned in subsection (1) happens before or after the commencement. 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; Page 70 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 104] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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 Island custom authority—any advice given by the corporation named in the application on the significance, under Island custom, 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— Current as at 20 May 2022 Page 71 Authorised by the Parliamentary Counsel [s 105] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 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). Page 72 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 106] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 106 Approval of sustainable harvest plan 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. 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— Current as at 20 May 2022 Page 73 Authorised by the Parliamentary Counsel [s 108] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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— Page 74 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 109] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 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. 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; Current as at 20 May 2022 Page 75 Authorised by the Parliamentary Counsel [s 111] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (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 individual in charge of— (i) the activity to be carried out under the authority; or (ii) the licensed premises for the authority; (k) for an Aboriginal tradition authority or Island custom 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 Island custom authority only if the individual is named in the application for the authority. Page 76 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 112] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 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 (c) if the authority states the name of a harvest period notice—each species of plant to which the notice applies. (3) If it is not practicable to state multiple species on the plant authority, or use an approach mentioned in subsection (2), the authority may state the species of plant to which the authority applies by describing the species— (a) by using plain English; and (b) in a way that reasonably identifies all of the species. (4) In this section— harvest period notice includes a notice declaring a harvest period under a conservation plan. 113 Plant authority may be limited to whole plants or parts of plants A plant authority may state it applies to— (a) a whole protected plant of a species stated on the authority; or (b) a part of a protected plant of a species stated on the authority. 114 Meaning of number in plant authority (1) This section applies if a plant authority— Current as at 20 May 2022 Page 77 Authorised by the Parliamentary Counsel [s 115] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (a) has a number (the stated number) written opposite a species of plant to which the authority applies; and (b) does not state what the stated number indicates. (2) The plant authority applies, for the duration of the authority, to no more than the stated number of plants of the species of plant. Example— A protected plant harvesting licence has ‘xanthorrhoea johnsonii—250’ written on it without any explanation about the meaning of the number. The licence is for taking no more than 250 xanthorrhoea johnsonii for the whole duration of the licence. Part 4 Term of authorities 115 Term of plant authority (1) A plant authority is granted for the term stated in it. (2) The term must not be more than— (a) if a conservation plan states a maximum term for the plant authority—the stated term; or (b) otherwise— (i) for a protected plant licence—5 years; or (ii) for a protected plant clearing permit—2 years; or (iii) for an Aboriginal tradition authority or Island custom authority—1 year. (3) Subject to part 5, the plant authority ends at the end of the term. Page 78 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 116] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities Part 5 Amendment, suspension or cancellation of authorities Division 1 Minor amendments 116 Minor amendments by chief executive (1) This section applies if— (a) the chief executive believes a plant authority should be amended; and (b) the proposed amendment is a minor amendment. (2) The chief executive may amend the plant authority by giving the holder of the authority notice of the amendment. (3) The notice must state the reasons for the amendment. (4) The amendment takes effect on the later of the following days— (a) the day the notice is given to the holder; (b) the day of effect stated in the notice. (5) The effect of the amendment does not depend on the amendment being noted on the plant authority. Note— See, however, section 125. (6) In this section— minor amendment, of a plant authority, means an amendment that— (a) removes a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or (b) corrects an error; or Current as at 20 May 2022 Page 79 Authorised by the Parliamentary Counsel [s 117] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (c) makes another minor change that is not substantial and does not adversely affect the interests of the holder. Division 2 Amendments by application 117 Application for amendment (1) The holder of a plant authority may apply to the chief executive for an amendment of the authority. (2) The application must be— (a) in writing; and (b) accompanied by the prescribed fee for the application. 118 Considering and deciding application (1) The chief executive must consider an application for the amendment of a plant authority and decide— (a) to make the amendment; or (b) to make an amendment, other than the amendment applied for; or (c) to refuse the application. (2) The chief executive must decide the application within 40 business days after receiving the application. 119 Steps to be taken after application decided (1) If the chief executive decides to amend a plant authority under this division, the chief executive must, as soon as practicable after making the decision, give the holder— (a) if the amendment is the amendment the holder applied for—notice of the amendment; or (b) if the amendment is not the amendment the holder applied for—an information notice for the decision. Page 80 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 120] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (2) The amendment takes effect on the later of the following days— (a) the day the notice or information notice is given to the holder; (b) the day of effect stated in the notice or information notice. (3) The effect of the amendment does not depend on the amendment being noted on the plant authority. Note— See, however, section 125. (4) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the holder an information notice for the decision. Division 3 Non-immediate amendments by chief executive 120 Grounds for amendment The chief executive may, by complying with section 121, amend a plant authority if— (a) the chief executive believes— (i) the authority was obtained because of false or misleading information; or (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2, division 2. Current as at 20 May 2022 Page 81 Authorised by the Parliamentary Counsel [s 121] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (iv) the amendment is necessary having regard to the object of the Act; or (b) the holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or (c) the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or (d) the chief executive believes the authority should be amended to— (i) secure the safety of a person or a person’s property; or (ii) conserve or protect native wildlife. 121 Procedure for amendment (1) If the chief executive proposes to amend a plant authority under section 120, the chief executive must give the holder of the authority a notice stating the following— (a) the proposed amendment; (b) the ground for the proposed amendment under section 120; (c) an outline of the facts and circumstances forming the basis for the ground; (d) that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. (2) The chief executive may amend the plant authority if, after considering any written representations made within the Page 82 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 122] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities stated period, the chief executive still believes the amendment should be made— (a) in the way stated in the notice; or (b) in another way, having regard to the representations. (3) If the chief executive decides to amend the plant authority, the chief executive must give the holder an information notice for the decision. (4) The amendment takes effect on the later of the following days— (a) the day the information notice is given to the holder; (b) the day of effect stated in the notice. (5) The effect of the amendment does not depend on the amendment being noted on the plant authority. Note— See, however, section 125. (6) If the chief executive decides not to amend the plant authority, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision. Division 4 Immediate amendment or suspension by chief executive 122 Safety and conservation grounds (1) This section applies if the chief executive believes a plant authority should be amended or suspended— (a) to secure the safety of a person or a person’s property; or (b) to conserve or protect native wildlife. (2) The chief executive may decide to amend or suspend the plant authority. Current as at 20 May 2022 Page 83 Authorised by the Parliamentary Counsel [s 122] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (3) If the chief executive decides to amend or suspend the plant authority, the chief executive must give the holder of the authority an information notice for the decision. (4) The amendment or suspension takes effect on the later of the following days— (a) the day the information notice is given to the holder; (b) the day of effect stated in the notice. (5) If the chief executive decides to suspend the plant authority— (a) the information notice must state the suspension period; and (b) the suspension has effect until the end of the suspension period. (6) However, if the chief executive decides to suspend the plant authority for the immediate protection of life or property— (a) subsections (3) to (5) do not apply; and (b) the chief executive must advise the holder about the decision; and (c) the suspension— (i) takes effect immediately after the holder is advised of the suspension; and (ii) continues until the chief executive decides the reason for the suspension no longer exists; and (d) the chief executive must as soon as practicable after the suspension ends— (i) advise the holder that the suspension no longer applies; or (ii) publish a notice on the department’s website advising that the suspension no longer applies. (7) The effect of an amendment of a plant authority under this section does not depend on the amendment being noted on the plant authority. Page 84 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 123] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities Note— See, however, section 125. Division 5 Non-immediate suspension or cancellation by chief executive 123 Grounds The chief executive may, by complying with section 124, suspend or cancel a plant authority if— (a) there is a ground, under section 122, for immediately amending or suspending the authority; or (b) the chief executive believes— (i) the authority was obtained because of false or misleading information; or (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2, division 2. (c) the holder has failed to give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or (d) the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or (e) the chief executive believes the activities being carried out under the authority are threatening public health or safety. Current as at 20 May 2022 Page 85 Authorised by the Parliamentary Counsel [s 124] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 124 Procedure (1) If the chief executive proposes to suspend or cancel a plant authority (the proposed action) under section 123, the chief executive must give the holder of the authority a notice stating the following— (a) the proposed action; (b) the ground for the proposed action under section 123; (c) an outline of the facts and circumstances forming the basis for the ground; (d) if the proposed action is to suspend the authority—the proposed suspension period; (e) that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken. (2) If, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— (a) if the proposed action was to suspend the plant authority—to suspend it for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the authority—either to cancel the authority or suspend it for a period. (3) If the chief executive decides to suspend or cancel the plant authority, the chief executive must give the holder an information notice for the decision. (4) The suspension or cancellation of the plant authority takes effect on the later of the following days— (a) the day the information notice is given to the holder; (b) the day of effect stated in the notice. Page 86 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 125] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (5) If the chief executive decides to suspend the plant authority, the suspension continues until the end of the suspension period. (6) If the chief executive decides not to take the proposed action, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision. (7) Despite subsection (4), if a plant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect. (8) Despite subsections (4) and (5), if a plant authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed. Division 6 Return of authorities 125 After amendment (1) The chief executive may, by notice, ask the holder of a plant authority that has been amended under this part to return the authority to the chief executive by a day stated in the notice. (2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice. (3) The holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (4) The chief executive must, as soon as practicable after receiving the plant authority— (a) note the amendment on the authority; and (b) give the authority back to the holder. Current as at 20 May 2022 Page 87 Authorised by the Parliamentary Counsel [s 126] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities 126 After suspension (1) The chief executive may, by notice, ask the holder of a plant authority that has been suspended under this part to return the authority to the chief executive by a day stated in the notice. (2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice. (3) The holder must return the plant authority to the chief executive by the stated day unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (4) The chief executive must give the plant authority back to the holder on or before the day the suspension ends. 127 After cancellation The holder of a plant authority that has been cancelled under this part must return the authority to the chief executive within 10 business days after the cancellation takes effect unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. Part 6 Replacement and surrender of authorities 128 Replacement (1) This section applies if a plant authority is damaged, destroyed, lost or stolen. (2) The holder of the plant authority may apply to the chief executive for the replacement of the authority. (3) The application must be— (a) in writing; and Page 88 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 129] Nature Conservation (Plants) Regulation 2020 Chapter 5 Managing plant authorities (b) accompanied by the prescribed fee for the application. (4) The chief executive must grant the application if the chief executive is satisfied the plant authority has been— (a) damaged in a way that requires the replacement of the authority; or (b) destroyed, lost or stolen. (5) If the chief executive decides to grant the application, the chief executive must give the holder another plant authority to replace the damaged, destroyed, lost or stolen plant authority. (6) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made. 129 Surrender (1) The holder of a plant authority may surrender the authority by returning the authority and giving a notice of surrender to the chief executive. (2) A plant authority surrendered under subsection (1) stops having effect from— (a) the day for surrender stated in the notice; or (b) if paragraph (a) does not apply—the day the notice is received by the chief executive. Current as at 20 May 2022 Page 89 Authorised by the Parliamentary Counsel [s 130] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants Chapter 6 Matters affecting the taking of protected plants Part 1 Harvest periods 130 Declaration of harvest period (1) 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. (2) The harvest period notice may impose conditions on the taking of the protected plant during the harvest period, including, for example— (a) the maximum number of protected plants that may be taken; and (b) the way in which a whole protected plant or a part of the plant may be taken; and (c) localities from which the plant must not be taken; and (d) how the plant, if taken, may be used. (3) The chief executive must publish the harvest period notice on the department’s website. Part 2 Flora surveys Division 1 Preliminary 131 Purpose of part This part provides for matters relating to the flora survey trigger map, flora surveys and flora survey reports. Page 90 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 132] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants 132 Meaning of high risk area A high risk area is an area— (a) in which threatened plants or near threatened plants are present or are likely to be present; and (b) shown as a high risk area on the flora survey trigger map. 133 Meaning of clearing impact area (1) A clearing impact area is— (a) an area to be cleared to the extent it is within a high risk area; and (b) the buffer zone for the area to be cleared. (2) The buffer zone, for an area to be cleared, is— (a) an area of 100m in width around the boundary of the area; or (b) another area agreed by the chief executive under section 134 to be a buffer zone for the area. 134 Agreed buffer zone for area to be cleared (1) A person may ask the chief executive, in the approved form, to agree to reduce the area of the usual buffer zone for an area to be cleared. (2) The chief executive may agree to the request if the chief executive is satisfied— (a) it is not reasonably practicable for a flora survey to be undertaken in the usual buffer zone for the area; or Example— The applicant does not have the permission of a landowner to undertake a flora survey in part of the usual buffer zone. (b) the request to reduce the area is consistent with any requirements of the flora survey guidelines. Current as at 20 May 2022 Page 91 Authorised by the Parliamentary Counsel [s 135] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants (3) As soon as practicable after making a decision on the request, the chief executive must give the person notice of the decision. (4) In this section— usual buffer zone, for an area to be cleared, means the area mentioned in section 133(2)(a). Division 2 Flora survey trigger map 135 What is the flora survey trigger map (1) The flora survey trigger map is the map called ‘Flora Survey Trigger Map for Clearing Protected Plants in Queensland’ held by the department, as amended from time to time under section 136. (2) The flora survey trigger map includes any digital electronic spatial information that is used to produce the map. 136 Reviewing and amending map (1) The chief executive must review and, if necessary, amend the flora survey trigger map at least every 12 months, including, for example, by adding or removing a high risk area. (2) However, subsection (1) does not stop the chief executive from reviewing or amending the map at any time. 137 Public availability of map The chief executive must make the current version of the flora survey trigger map publicly available for inspection in the way the chief executive considers appropriate, including, for example, on a website. Page 92 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 138] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants 138 Period of validity of copy of map (1) If the chief executive gives a person a copy of the flora survey trigger map, the copy of the map is valid for 12 months from the day the chief executive gives the person the copy. (2) If a person obtains a copy of the flora survey trigger map from a website on which the map is published, the copy of the map is valid for 12 months from the day the person obtains the copy from the website. (3) However, if a person obtains or receives a copy of the flora survey trigger map for an exemption under section 46, the copy of the map is valid for 5 years from the relevant TOR date under that section. 139 Checking map A person may check the flora survey trigger map before starting any clearing to find out if any part of the area to be cleared is within a high risk area. Note— See sections 46 and 47 which deal with clearing in an area that is not within a high risk area. Division 3 Flora surveys and flora survey reports 140 What is a flora survey and flora survey report (1) A flora survey is a survey of a clearing impact area— (a) undertaken to identify whether threatened plants or near threatened plants are present within the clearing impact area; and (b) that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143. Current as at 20 May 2022 Page 93 Authorised by the Parliamentary Counsel [s 141] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants (2) A flora survey report is a report— (a) about the results of a flora survey for a clearing impact area; and (b) that complies with the flora survey guidelines, or an alternative survey methodology agreed to by the chief executive under section 143. 141 When flora survey is required If any part of an area to be cleared is within a high risk area, a flora survey must be undertaken of the clearing impact area before the clearing starts. Notes— 1 Under section 48, a person is required to prepare a flora survey report about the results of a flora survey to be a person to whom an exemption applies under that section. 2 Under section 87, the chief executive must not grant a protected plant clearing permit for clearing within a clearing impact area unless the applicant has given the chief executive a flora survey report about the results of a flora survey for the clearing impact area. 142 Chief executive may make flora survey guidelines (1) The chief executive may, by gazette notice, approve or make guidelines (the flora survey guidelines) about the conduct of a flora survey. (2) The flora survey guidelines may, for example, contain requirements or provisions about the following— (a) who may undertake a flora survey; (b) the extent of an area to be surveyed; (c) information to be included in a flora survey report, including, for example, a map or plan showing the clearing impact area. Page 94 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 143] Nature Conservation (Plants) Regulation 2020 Chapter 6 Matters affecting the taking of protected plants (3) The chief executive must publish the flora survey guidelines on the department’s website. 143 Alternative survey methodology for flora survey or flora survey report (1) The chief executive may agree to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report. (2) However, the chief executive may agree to an alternative survey methodology only if the chief executive is satisfied the methodology is suitable for identifying whether threatened plants or near threatened plants are present within a clearing impact area. Example— An alternative survey methodology could include an alternative methodology for identifying protected plants and assessing the impacts of particular activities. 144 False or misleading information in flora survey report A person must not state anything in a flora survey report that the person knows is false or misleading in a material particular. Maximum penalty—165 penalty units. Current as at 20 May 2022 Page 95 Authorised by the Parliamentary Counsel [s 145] Nature Conservation (Plants) Regulation 2020 Chapter 7 Other offences Chapter 7 Other offences Part 1 Plant authorities 145 Compliance with conditions of plant authority (1) The holder of a plant authority must comply with the conditions of the authority applying to the holder unless the holder has a reasonable excuse. Maximum penalty— (a) for failure to comply with a condition mentioned in section 63 or 64—20 penalty units; or (b) for failure to comply with a licence condition, a research and monitoring condition or a condition mentioned in section 65, 66 or 84—165 penalty units; or (c) otherwise—80 penalty units. (2) For subsection (1), the holder is taken to comply with a condition of the plant authority if a relevant person for the holder complies with the condition for the holder. (3) A relevant person for the holder of a plant authority must comply with the conditions of the authority applying to the person unless the person has a reasonable excuse. Maximum penalty— (a) for a failure to comply with a licence condition—165 penalty units; or (b) otherwise—80 penalty units. (4) It is a defence to a prosecution for an offence against subsection (1) or (3) relating to the death of a protected plant from which a part of the plant was taken if the defendant establishes that the defendant complied with the plant authorities code when taking the part of the plant. Page 96 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 146] Nature Conservation (Plants) Regulation 2020 Chapter 7 Other offences Note— See sections 73 and 81 for conditions about the death of protected plants. (5) In this section— licence condition means a condition mentioned in section 73, 74, 75, 76, 81, 82 or 83. Part 2 Code of practice 146 Compliance with plant exemptions code A person who takes or uses a protected plant under an exemption under chapter 3, part 2 or 3 must comply with the plant exemptions code in relation to taking or using the plant unless the person has a reasonable excuse. Maximum penalty—120 penalty units. Part 3 Protected plants 147 Procedure if particular whole restricted plant stolen (1) This section applies if— (a) a person keeps a whole restricted plant taken lawfully from the wild; and (b) the plant is required to be tagged under this regulation or the plant exemptions code; and Note— For the requirement to tag a plant under this regulation, see section 167. (c) the plant is stolen from the person. (2) The person must, unless the person has a reasonable excuse— (a) immediately report the theft to a police officer; and Current as at 20 May 2022 Page 97 Authorised by the Parliamentary Counsel [s 148] Nature Conservation (Plants) Regulation 2020 Chapter 7 Other offences (b) report the theft to a departmental conservation officer within 24 hours after the plant is stolen; and (c) if the person is given a copy of a police report about the theft—keep the copy for 2 years after the day the person receives the copy. Maximum penalty—20 penalty units. (3) Also, if the person keeps a record under the Act for the plant, the person must record the particulars of the theft in the record unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (4) In this section— departmental conservation officer means a conservation officer who is an employee of the department. 148 Dealing with part of protected plant taken for identification, educational or scientific purpose (1) This section applies if a person takes a part of a protected plant under an exemption under section 39. (2) The person must, unless the person has a reasonable excuse— (a) complete a specimen label for the part before leaving the place where the part is taken; and (b) give each part to the Queensland Herbarium within 28 days after taking it. Maximum penalty—20 penalty units. (3) In this section— specimen label, for a part of a protected plant, means a sheet of paper or cardboard kept with the part that includes the following information— (a) the name of the person who took the part; (b) the place and date the part was taken; Page 98 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 149] Nature Conservation (Plants) Regulation 2020 Chapter 7 Other offences (c) information required under a condition of a harvest period notice for the plant. Part 4 Non-native plants 149 Spreading or releasing particular parts of non-native plants (1) This section applies to a plant other than a native plant. (2) A person must not, without the chief executive’s approval, spread or release reproductive material of the plant into the wild. Maximum penalty—165 penalty units. (3) In this section— reproductive material, of a plant, means any part of the plant that is capable of asexual or sexual reproduction. Examples of reproductive material of a plant— • a seed or part of a seed • a bulb, rhizome, root, stolon, tuber or part of a bulb, rhizome, stolon or tuber • a stem or leaf cutting Current as at 20 May 2022 Page 99 Authorised by the Parliamentary Counsel [s 150] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Chapter 8 Records, tags and labels Part 1 Records Division 1 Preliminary 150 Purpose of part (1) This part requires the holder of a plant authority to keep particular records and provides for the way in which the records are to be kept. (2) Also, this part provides for other offences relating to records required to be kept under the Act. 151 Approved person may keep records (1) This section applies if the chief executive is satisfied a person who is required to keep a record under the Act— (a) is illiterate; or (b) is otherwise unable to keep the record. (2) The chief executive may give the person a written approval stating another person (an approved person), stated in the approval, may keep the record for the person. (3) However, the chief executive must only give the person the written approval if the approved person agrees to keep the record for the person. Page 100 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 152] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Division 2 Records to be kept by holders of plant authorities Subdivision 1 Keeping records 152 Protected plant harvest record for particular restricted plants (1) This section applies if the holder of a protected plant licence, or a relevant person for the holder, harvests a whole restricted plant or part of a restricted plant under the licence. (2) The holder must, unless the holder has a reasonable excuse, keep a record (a protected plant harvest record) for the whole plant or the part of the plant that includes the following information— (a) if a conservation plan states the information that must be included in the record—the stated information; (b) otherwise—the information the plant authorities code states must be included in the record. Maximum penalty—120 penalty units. 153 Protected plant trade record for particular restricted plants (1) This section applies if the holder of a protected plant licence, or a relevant person for the holder— (a) harvests a restricted plant under the licence that is to be used for trade; or (b) uses a restricted plant for trade under the licence. (2) The holder must, unless the holder has a reasonable excuse, keep a record (a protected plant trade record) for the plant that includes the following information— (a) if a conservation plan states the information that must be included in the record—the stated information; Current as at 20 May 2022 Page 101 Authorised by the Parliamentary Counsel [s 154] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels (b) otherwise—the information the plant authorities code states must be included in the record. Maximum penalty—120 penalty units. 154 Record about buying or accepting restricted plant (1) This section applies if the holder of a plant authority, or a relevant person for the holder, buys or accepts a restricted plant under the authority. (2) The holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant— (a) the name and address of the person selling or giving away the plant (the seller); (b) the information used to verify the identity of the seller, including the particulars of the type of document produced by the seller and any identifying features of the document; Example of identifying features of a document— a licence number (c) if the seller is acting under a plant authority—the number of the authority; (d) if the seller obtained the plant under an exemption in chapter 3—details of the exemption identified by the seller. Maximum penalty—100 penalty units. 155 Record about selling or giving away restricted plant (1) This section applies if the holder of a plant authority, or a relevant person for the holder, sells or gives away a restricted plant under the authority. Page 102 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 156] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels (2) The holder must, unless the holder has a reasonable excuse, keep a record of the following information for 5 years after the holder ceases to possess the plant— (a) the name and address of the person to whom the plant is sold or given (the buyer); (b) the source of the information used to verify the identity of the buyer, including the particulars of the type of document produced by the buyer and any identifying features of the document; Example of identifying features of a document— a licence number (c) if the buyer is a corporation—the name of the corporation; (d) if the buyer is a business or a person operating under a business or trading name—the name of the business or trading name. Maximum penalty—100 penalty units. (3) However, this section does not apply if the holder or relevant person sells or gives away the plant in the course of a retail activity to a person for the person’s own personal use. 156 Relevant person may keep record for holder of plant authority The holder of a plant authority complies with a requirement to keep a record under this subdivision if a relevant person for the holder keeps the record for the holder. Current as at 20 May 2022 Page 103 Authorised by the Parliamentary Counsel [s 157] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Subdivision 2 Requirements for protected plant harvest records and protected plant trade records 157 Application of subdivision This subdivision applies to the holder of a protected plant licence who is required under subdivision 1 to keep a protected plant harvest record or a protected plant trade record in relation to a plant taken or used under the licence. 158 Information must be complete, accurate and legible (1) The holder must ensure that information included in the record is— (a) complete and accurate; and (b) legible; and (c) in ink. Maximum penalty—100 penalty units. (2) However, subsection (1)(c) does not apply in relation to a record kept in an electronic form. 159 How records must be kept (1) The holder must keep the record— (a) in a written or electronic record system; and (b) in a way that ensures the record is available on request by a conservation officer. (2) If the record is kept in an electronic record system (the primary system) and the primary system is not working on the day particular information must be included in the record— (a) the information must be recorded in a written record system or another electronic record system; and Page 104 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 160] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels (b) the written record system or other electronic record system is taken to be a part of the primary system. 160 Where records or copies must be kept The holder must, unless the holder has a reasonable excuse, keep the record or a copy of the record in a secure way at— (a) for an individual—the holder’s place of residence; or (b) for a recreational plant society—the society’s office or other usual place for keeping the society’s records; or (c) for a corporation— (i) the licensed premises for the licence; or (ii) if the licensed premises for the licence are not a place open for business—an office of the corporation that is in the State. Maximum penalty—120 penalty units. 161 How long records or copies must be kept The holder must keep the record or a copy of the record for at least 5 years after the holder ceases to hold the protected plant licence for the plant unless the holder has a reasonable excuse. Maximum penalty—120 penalty units. 162 When information must be included in record The holder must ensure the information required to be included in the record under subdivision 1 is included— (a) for information a conservation plan states must be included in the record—on the day stated in the conservation plan; or (b) for other information—within 72 hours after the event to which the information relates happens. Maximum penalty—120 penalty units. Current as at 20 May 2022 Page 105 Authorised by the Parliamentary Counsel [s 163] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Division 3 Other offences for records required to be kept under Act 163 Notice of theft, loss or destruction of, or damage to, particular records (1) This section applies if— (a) the holder of a plant authority is required to keep a record under division 2, subdivision 1; and (b) the record, or a copy of the record, is stolen, lost, destroyed or damaged. (2) The holder must, within 24 hours after becoming aware of the theft, loss, destruction or damage, give the chief executive a notice stating the record or copy has been stolen, lost, destroyed or damaged, unless the holder has a reasonable excuse. Maximum penalty—120 penalty units. (3) Subsection (4) applies if a person (the second person) keeps the record, or a copy of the record, for the holder. (4) The second person must, within 24 hours after becoming aware of the theft, loss, destruction or damage, notify the holder of the theft, loss, destruction or damage, unless the second person has a reasonable excuse. Maximum penalty—40 penalty units. 164 Tampering with records (1) A person must not, unless the person has a reasonable excuse— (a) deface, erase or obliterate an entry in a record or a copy of a record; or (b) remove an entry from a record or a copy of a record; or (c) modify an entry in a record or a copy of a record. Page 106 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 165] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Maximum penalty—120 penalty units. (2) In this section— record means a record required to be kept under the Act in relation to a plant. Part 2 Tags Division 1 Supply of tags 165 Chief executive may supply tags for use (1) The chief executive may, upon payment of the prescribed fee, supply a tag to a person for use under the Act. (2) Without limiting subsection (1), a tag may be supplied to attach to a plant to allow the plant to be identified. (3) The chief executive must give the person a notice stating the species of plant for which the tag is supplied. Note— See section 169 for circumstances when a person may require the chief executive’s written approval to possess a tag supplied under this section. 166 Nature of tags supplied by chief executive (1) A tag supplied under section 165 is the property of the State. (2) The tag must not be transferred unless the chief executive has given written approval for the transfer. (3) However, subsection (2) is subject to a provision of a conservation plan that provides that a tag supplied for a plant to which the conservation plan applies must not be transferred in any circumstances. Current as at 20 May 2022 Page 107 Authorised by the Parliamentary Counsel [s 167] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Division 2 Attaching tags 167 Attaching tag to particular whole restricted plants (1) This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— (a) takes a whole restricted plant (other than the trunk, a log or any timber of sandalwood); and (b) uses the plant for trade. (2) The holder or relevant person must attach a tag supplied under section 165 to the plant— (a) if the holder or person does not have the tag for the plant before the plant is taken— (i) as soon as practicable after the plant is moved from the place where it is taken; and (ii) before the plant is otherwise used for trade; or (b) otherwise—before the plant is moved from the place where it is taken. Maximum penalty—120 penalty units. Division 3 Requirements for tags 168 Using tags generally (1) A person must not attach a tag supplied under section 165 to a protected plant of a species other than the species for which the tag is supplied unless the person has a reasonable excuse. Maximum penalty—165 penalty units. (2) A person must not attach a tag to a protected plant if the tag has previously been attached to another plant. Maximum penalty—165 penalty units. Page 108 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 169] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels 169 Tags not to be used by unauthorised person (1) A person, other than a tag-authorised person, must not, unless the person has a reasonable excuse— (a) possess a tag supplied under section 165 without the chief executive’s written approval; or (b) attach a tag supplied under section 165 to a plant without the chief executive’s written approval. Maximum penalty—165 penalty units. (2) This section is subject to any provision of a conservation plan that provides for the persons who may attach a tag to a plant to which the plan relates. (3) In this section— tag-authorised person means any of the following persons— (a) the chief executive; (b) a conservation officer; (c) the holder of a protected plant licence; (d) a relevant person for the holder of a protected plant licence; (e) a person who takes a whole protected plant under an exemption in chapter 3, part 3 if the person is required to attach a tag to the plant under the plant exemptions code. 170 Tampering with official tags (1) A person must not tamper with an official tag attached to a protected plant unless the person has a reasonable excuse. Maximum penalty—80 penalty units. (2) Subsection (1) does not apply if the tampering by the person is approved in writing by the chief executive. (3) Also, subsection (1) does not apply to a person who removes an official tag from a protected plant if— Current as at 20 May 2022 Page 109 Authorised by the Parliamentary Counsel [s 171] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels (a) the plant is being used for the person’s own personal use; or (b) this regulation or a conservation plan provides that the person may remove the tag from the plant. (4) In this section— official tag, for a protected plant, means— (a) a tag supplied under section 165 for attaching to the plant; or (b) for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State. tamper, with an official tag, means— (a) to remove or damage the tag; or (b) to cover or modify the writing on the tag. 171 Recall of tags supplied by chief executive (1) The chief executive may give a person a notice directing the person to return a tag supplied under section 165 to the chief executive. (2) The notice must state— (a) the place where the tag must be returned; and (b) the date and time by which the tag must be returned. (3) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty for subsection (3)—50 penalty units. Page 110 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 172] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Part 3 Labels Division 1 Preliminary 172 Purpose of part (1) This part requires the holder of a protected plant licence to attach particular labels to plants taken or used under the licence. (2) Also, this part provides for other offences relating to labels attached to protected plants taken or used under the Act. Division 2 Attaching labels 173 Protected plant harvest label for particular restricted plants (1) This section applies to the holder of a protected plant licence, or a relevant person for the holder, who harvests a whole restricted plant, or a part of a restricted plant, under the licence. (2) At the time the holder or relevant person harvests the whole plant or the part, the holder or person must, unless the holder or person has a reasonable excuse, attach a protected plant harvest label to— (a) the whole plant; or (b) a bundle or container containing the part. Maximum penalty—120 penalty units. (3) Subsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant harvest label to a whole restricted plant under subsection (2)(a) given the plant’s nature or condition. Current as at 20 May 2022 Page 111 Authorised by the Parliamentary Counsel [s 174] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Example of a plant’s nature or condition— a plant that is too small or fragile for a person to attach a label to it (4) The holder or relevant person is taken to have attached the protected plant harvest label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant. 174 Protected plant trade label for particular restricted plants (1) This section applies to the holder of a protected plant harvesting licence, or a relevant person for the holder, who uses a whole restricted plant (other than the trunk, a log or any timber of sandalwood), or a part of a restricted plant, for trade under the licence. (2) Before the whole plant or part is used for trade, the holder or relevant person must, unless the holder or person has a reasonable excuse, attach a protected plant trade label to— (a) the whole plant; or (b) a bundle or container containing the part. Maximum penalty—120 penalty units. (3) Subsection (4) applies if it is impractical or would be unreasonable for the holder or relevant person to attach a protected plant trade label to a whole restricted plant under subsection (2)(a) given the plant’s nature or condition. Example of a plant’s nature or condition— a plant that is too small or fragile for a person to attach a label to it (4) The holder or relevant person is taken to have attached the protected plant trade label to the whole plant if the holder or person attaches the label as close as is reasonably practicable to the plant. Page 112 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 175] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels 175 Label for particular restricted plants sold, exchanged or given away, or moved, outside State (1) This section applies if, under a protected plant harvesting licence, the holder of the licence, or a relevant person for the holder— (a) uses a restricted plant for trade by moving the plant to a place outside the State; or (b) uses a restricted plant by selling, exchanging or giving away the plant to another person outside the State for benefit, gain or reward. (2) Before the restricted plant is used in the way mentioned in subsection (1), the holder or relevant person must, unless the holder or person has a reasonable excuse, mark or label a container containing the plant with the following words— (a) if the container only contains restricted plants taken under a protected plant harvesting licence or an exemption in chapter 3, part 3—‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; (b) otherwise— (i) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence or exemption’; and (ii) ‘The remaining plants have been obtained from propagation or cultivation or lawfully taken in the wild in another State’. Maximum penalty—120 penalty units. Current as at 20 May 2022 Page 113 Authorised by the Parliamentary Counsel [s 176] Nature Conservation (Plants) Regulation 2020 Chapter 8 Records, tags and labels Division 3 Requirements for labels 176 False or misleading information in particular labels A person must not state anything that the person knows is false or misleading in a material particular in any of the following labels— (a) a protected plant harvest label; (b) a protected plant trade label; (c) a label about the harvest or use of a restricted plant that is required to be attached to the plant under the plant exemptions code. Maximum penalty—80 penalty units. 177 Removing particular labels about harvest of restricted plants (1) A person must not remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, other than under subsection (2), unless the person has a reasonable excuse. Maximum penalty—80 penalty units. (2) A person may remove a harvest label attached to a whole restricted plant, or a bundle or container containing a part of a restricted plant, if— (a) the whole plant, or the bundle or container containing the part, has been moved from the place where the whole plant or part was harvested; and (b) 1 of the following applies— (i) a protected plant trade label is attached to the whole plant, or the bundle or container containing the part, under section 174; (ii) a label under the plant exemptions code about the trade of the restricted plant is attached to the whole Page 114 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 178] Nature Conservation (Plants) Regulation 2020 Chapter 9 Fees plant, or the bundle or container containing the part, as required under the code; (iii) the whole plant or part starts being used for a purpose other than trade. (3) In this section— harvest label means— (a) a protected plant harvest label; or (b) a label about the harvest of a restricted plant that is required to be attached to the plant under the plant exemptions code. Chapter 9 Fees Part 1 Fees payable 178 Application of chapter (1) This chapter provides for fees payable under the Act in relation to a plant. (2) However, this chapter does not apply to a conservation value. 179 Fees generally The fees are stated in schedule 4. 180 Concessional fee for application for particular plant authorities (1) This section applies in relation to an application for a plant authority if the activity proposed to be carried out under the authority is— Current as at 20 May 2022 Page 115 Authorised by the Parliamentary Counsel [s 181] Nature Conservation (Plants) Regulation 2020 Chapter 9 Fees (a) for an educational purpose; or (b) for a scientific research purpose; or (c) for the conservation of nature; or (d) clearing to establish or maintain a fence, firebreak, road or vehicular track that is necessary for managing or protecting a property; or (e) a traditional owner activity. (2) The fee payable for the application is the concessional fee stated in schedule 4 for the plant authority. (3) In this section— educational purpose means the purpose of teaching at an educational institution or by an educational organisation. scientific research purpose means the purpose of scientific research carried out at a tertiary or other institution administered by the Commonwealth, a State or another entity that is involved in scientific research. traditional owner activity means an activity by which a protected plant is taken and used by— (a) an Aboriginal person for practising Aboriginal tradition; or (b) a Torres Strait Islander for practising Island custom. Part 2 Exemption from plant authority fees 181 Application for fee exemption (1) This section applies to any of the following persons (each a relevant applicant)— (a) a recreational plant society; (b) a voluntary conservation organisation; Page 116 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 182] Nature Conservation (Plants) Regulation 2020 Chapter 9 Fees (c) a volunteer community organisation. (2) The relevant applicant may apply to the chief executive for an exemption from the payment of a fee for an application for a plant authority (a fee exemption). (3) The application for the fee exemption must— (a) be in writing; and (b) include details about the contribution the activity proposed to be carried out under the plant authority will make to the conservation of nature generally; and (c) be made before or when the application for the plant authority is made. 182 Considering and deciding application for fee exemption (1) The chief executive must consider an application for a fee exemption and decide to either— (a) grant the exemption, with or without conditions; or (b) refuse the application. (2) The chief executive may grant the exemption only if the chief executive is satisfied— (a) the activity proposed to be carried out under the plant authority to which the application relates is likely to make a significant contribution to the conservation of nature generally; and (b) any commercial or recreational aspect of the activity is not the primary purpose for carrying out the activity. 183 Steps to be taken after application for fee exemption decided (1) If the chief executive decides to grant a fee exemption, the chief executive must give the relevant applicant a notice stating— (a) the plant authority to which the exemption applies; and Current as at 20 May 2022 Page 117 Authorised by the Parliamentary Counsel [s 184] Nature Conservation (Plants) Regulation 2020 Chapter 9 Fees (b) if a condition is imposed on the exemption under section 182(1)(a)— (i) the condition; and (ii) the reason for the condition. (2) If the chief executive decides to refuse an application for a fee exemption, the chief executive must, as soon as practicable after making the decision, give the relevant applicant notice of the decision and the reasons for the decision. 184 Effect of grant of fee exemption (1) If the chief executive grants a fee exemption, no fee is payable by the relevant applicant for the plant authority to which the exemption relates. (2) However, if the chief executive imposes a condition on the exemption under section 182(1)(a), subsection (1) applies only if the relevant applicant complies with the condition. Part 3 Refund of fees 185 Refund of fees (1) This section applies if a plant authority has been— (a) amended to an extent that the fee paid in relation to the authority before it was amended is higher than the fee that would be payable in relation to the authority in its amended form; or (b) suspended or cancelled for a ground mentioned in section 123(e); or (c) surrendered under section 129. (2) The chief executive may refund all or part of a fee paid in relation to the plant authority if the chief executive considers the refund is appropriate having regard to— Page 118 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 186] Nature Conservation (Plants) Regulation 2020 Chapter 10 Miscellaneous (a) the nature of the amendment, suspension, cancellation or surrender; and (b) any other relevant matter. (3) The chief executive may refund the fee in the way the chief executive considers appropriate. Examples of ways chief executive may refund fee— • by giving the person a cheque for the amount refunded • by deducting the amount refunded from another fee the person is required to pay Chapter 10 Miscellaneous 186 Processed products—Act, schedule, definition protected plant (1) For the schedule of the Act, definition protected plant, paragraph (b), the following products are declared to be processed products not included in the definition— (a) a part of a protected plant lawfully obtained from a place in another State if— (i) the part is moved into the State; and (ii) the way the part is packed and tagged complies with the requirements of any applicable law of the other State; and (iii) the movement of the part from the other State into the State is authorised under any applicable law of the other State; (b) a product mentioned in paragraph (a) that has been unpacked; (c) a product made or derived from a product mentioned in paragraph (a). Current as at 20 May 2022 Page 119 Authorised by the Parliamentary Counsel [s 188] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (2) In this section— unpack, a product, does not include simply removing a mark, label, tag or other thing that has been directly placed on, or attached to, the product. Chapter 11 Administrative provisions Part 1 Review of decisions Division 1 Preliminary 188 Definitions for part In this part— affected person, in relation to a decision, means— (a) if the decision is an original decision— (i) a person who must be given an information notice for the decision; or (ii) a person whose interests are otherwise affected by an original decision; or (b) if the decision is an internal review decision—the person who applied for the internal review. internal review, of an original decision, see section 190(1). internal review decision means a decision made, or taken to have been made, under section 192 on an application for internal review of an original decision. original decision means— (a) a decision for which an information notice must be given under this regulation; or Page 120 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 189] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (b) a decision for which an information notice must be given under a conservation plan, if the decision applies in relation to a plant. QCAT information notice, for an internal review decision, means a notice complying with the QCAT Act, section 157(2). Division 2 Internal review 189 Review process must start with internal review An affected person for an original decision may apply to QCAT for a review of the decision only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this division. 190 Who may apply for internal review (1) An affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review). (2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision. (3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision. 191 Requirements for application (1) An application for internal review of an original decision must— (a) be in the approved form; and Current as at 20 May 2022 Page 121 Authorised by the Parliamentary Counsel [s 192] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and (c) be made to the chief executive within 20 business days after— (i) for a person who has been given an information notice for the decision—the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—the day the person becomes aware of the decision. (2) The chief executive may, at any time, extend the period within which the application may be made. (3) The application does not affect the operation of the original decision or prevent the decision being implemented. Note— Division 3 provides for a stay of the original decision. 192 Internal review (1) The chief executive must, within 28 days after receiving an application for internal review of an original decision— (a) review the original decision; and (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and (c) give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b). Page 122 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 193] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection. (3) The application may be dealt with only by a person who— (a) did not make the original decision; and (b) holds a more senior office than the person who made the original decision. (4) Subsection (3) does not apply to an original decision made by the chief executive personally. (5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2), the chief executive is taken to confirm the original decision. Division 3 Staying operation of original decision 193 QCAT may stay operation of original decision (1) An affected person for an original decision may apply to QCAT, in the way provided under the QCAT Act, for a stay of the operation of the decision. (2) However, subsection (1) does not apply in relation to a decision mentioned in section 173OA of the Act. (3) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under division 2. (4) QCAT may make an order staying the operation of the original decision only if it considers the order is desirable after having regard to the following— (a) the interests of any person whose interests may be affected by the making of the order or the order not being made; Current as at 20 May 2022 Page 123 Authorised by the Parliamentary Counsel [s 193] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (b) any submission made to QCAT by the entity that made the original decision; (c) the public interest. (5) Subsection (4)(a) does not require QCAT to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for QCAT’s consideration if it is satisfied it is not practicable because of the urgency of the case or for another reason. (6) A stay by QCAT under this section— (a) may be given on conditions QCAT considers appropriate; and (b) operates for the period fixed by QCAT; and (c) may be amended or revoked by QCAT. (7) The period of a stay by QCAT under this section must not extend past— (a) the end of the period within which an application for an internal review of the original decision may be made under division 2; or (b) if an application for an internal review of the original decision is made under division 2 within the period allowed under that division—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act. Notes— The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative. However, see also section 173OA of the Act. Page 124 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 194] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions Division 4 External review 194 Applying for external review (1) This section applies to a person who must be given a QCAT information notice for an internal review decision. (2) The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision. Note— The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative. (3) However, subsection (2) does not apply in relation to a decision mentioned in section 173OA of the Act. Part 2 Seizure of property Division 1 Preliminary 195 Definitions for part In this part— claim period, for a seized thing, means 2 months after the date of the seizure notice for the thing. dangerous seized thing see section 199(1). owner, of a seized thing, means— (a) if the chief executive is aware of the actual owner of the thing immediately before the seizure—the owner; or (b) otherwise—the person who would be entitled to the possession of the thing had it not been seized. seized thing see section 196(2). Current as at 20 May 2022 Page 125 Authorised by the Parliamentary Counsel [s 196] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions seizure notice, for a seized thing, means a notice given under section 201 for the thing. Division 2 Power to seize things 196 Seizure of things for the protection of native plants (1) This section applies if a conservation officer believes on reasonable grounds— (a) a vehicle, boat, aircraft or appliance that is on land, other than land in a protected area, is— (i) on the land without the consent of the landholder; or (ii) abandoned; and (b) it is necessary or desirable to remove the vehicle, boat, aircraft or appliance for the protection of a native plant. (2) The conservation officer may seize the vehicle, boat, aircraft or appliance (each a seized thing) and anything attached to or contained in the thing. Division 3 Dealing with seized things 197 General powers for seized things (1) A conservation officer who has seized a seized thing under division 2 may— (a) move the thing from the place where it was seized; or (b) leave the thing at the place where it was seized, but take reasonable action to restrict access to the thing. Examples of restricting access to a seized thing— • branding, marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted Page 126 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 198] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions • sealing the entrance to a room or other area where the thing is situated and marking it to show access to it is restricted (2) If the seized thing is equipment, the conservation officer may also make the thing inoperable. Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used 198 Tampering with seized thing (1) A person must not do, or attempt to do, any of the following unless the person has a reasonable excuse— (a) tamper with, or continue to tamper with, a seized thing or something done under section 197(1)(b) to restrict access to the thing; (b) enter, or be at, the place where a seized thing is being kept; (c) move a seized thing from the place where it is being kept; (d) have a seized thing in the person’s possession. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to— (a) a conservation officer; or (b) a person asked by a conservation officer to do something mentioned in the subsection. 199 Dangerous seized things must be destroyed (1) This section applies to a seized thing (a dangerous seized thing) that is— (a) an explosive under the Explosives Act 1999; or (b) a poison. Current as at 20 May 2022 Page 127 Authorised by the Parliamentary Counsel [s 200] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (2) The chief executive must destroy the dangerous seized thing at the time the chief executive considers appropriate having regard to the reason for the seizure and any other matter relevant to the risks posed by the thing. 200 Way seized thing must be kept (1) This section applies— (a) to a seized thing, other than a dangerous seized thing; and (b) whether or not the thing is removed from the place where it was seized. (2) The chief executive must ensure the thing is kept in a reasonably secure way at all times until it is returned to the owner or otherwise dealt with under this division. 201 Seizure notices (1) This section applies to a seized thing, other than a dangerous seized thing. (2) If the conservation officer who seized the thing believes the thing has a market value of more than $500, the officer must give the owner of the thing notice of its seizure. (3) If the owner’s name is not known, the notice must be published in a newspaper circulating throughout the State. (4) If the owner’s name is not known, the notice may also be given by displaying it in a prominent position on a permanent fixture as close as possible to the place where the thing was found. (5) The notice must state— (a) the date of the notice; and (b) that the owner may claim the thing within the claim period for the thing; and Page 128 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 202] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (c) that the thing may be disposed of if not claimed within the claim period. 202 Release of seized things (1) If a person claims a seized thing, the chief executive may release it to the person only if— (a) the chief executive is satisfied the person has a right to the thing; and (b) the person pays the chief executive’s reasonable costs of— (i) seizing, removing and holding the thing; and (ii) giving a seizure notice for the thing; and (iii) if a notice mentioned in section 203(3) is given—giving the notice; and (iv) restoring the place from which the thing was removed, as nearly as practicable, to its former state. (2) The chief executive may require a person to verify the person’s right to a seized thing by a statutory declaration before releasing the thing to the person. 203 Sale and disposal of seized things with market value of more than $500 (1) This section applies to a seized thing if— (a) a conservation officer has given a seizure notice for the thing; and (b) the owner of the thing does not claim it within the claim period for the thing; and (c) the chief executive believes the thing has a market value of more than $500. Current as at 20 May 2022 Page 129 Authorised by the Parliamentary Counsel [s 204] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (2) The chief executive may sell the thing in the way the chief executive considers will best realise its market value. (3) Before selling the thing, the chief executive must publish a notice in a newspaper circulating throughout the State— (a) identifying the thing; and (b) stating how and when the thing is to be sold. (4) The thing must not be sold within 20 business days after the notice is published. (5) If the thing is not sold, the chief executive may dispose of it in the way the chief executive considers appropriate. 204 Sale and disposal of seized things with market value of $500 or less (1) This section applies to a seized thing if— (a) the chief executive believes the thing does not have a market value of more than $500; and (b) if a seizure notice has been given for the thing—the owner of the thing does not claim it within the claim period for the thing. (2) The chief executive may— (a) sell the thing in the way the chief executive considers will best realise its market value; or (b) if the chief executive considers the thing does not have a market value—dispose of it. 205 Application of proceeds of sale If the chief executive sells a seized thing under this division, the proceeds of the sale must be applied in the following order— (a) in payment of the reasonable expenses of the chief executive incurred in the sale; Page 130 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 206] Nature Conservation (Plants) Regulation 2020 Chapter 11 Administrative provisions (b) in payment of the reasonable costs of the following activities— (i) seizing, removing and holding the thing; (ii) giving a seizure notice for the thing; (iii) if a notice mentioned in section 203(3) is given—giving the notice; (iv) restoring the place from which the thing was removed, as nearly as practicable, to its former state; (c) in payment of any balance to the owner of the thing. 206 Compensation not payable Compensation is not payable for the sale or disposal of a seized thing by the chief executive. Part 3 Approved forms 207 Approved forms The chief executive may approve forms for use under this regulation or a provision of a conservation plan relating to plants. Current as at 20 May 2022 Page 131 Authorised by the Parliamentary Counsel [s 208] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions Chapter 12 Transitional provisions Part 1 Transitional provisions for SL No. 137 of 2020 Division 1 Preliminary 208 Definitions for part In this part— corresponding provision, for a repealed provision, means a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision. existing wildlife authority see section 209(1). repealed administration regulation means the repealed Nature Conservation (Administration) Regulation 2017. repealed management regulation means the repealed Nature Conservation (Wildlife Management) Regulation 2006. repealed provision means a provision of a repealed regulation as in force from time to time before the commencement. repealed regulation means— (a) the repealed administration regulation; or (b) the repealed management regulation; or (c) the repealed wildlife regulation. repealed wildlife regulation means the repealed Nature Conservation (Wildlife) Regulation 2006. transitioned authority see section 209(5). wildlife authority means a wildlife authority mentioned in the repealed administration regulation, section 14, 15 or 16. Page 132 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 209] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions Division 2 Existing wildlife authorities for plants 209 Existing wildlife authorities for plants continued (1) This section applies in relation to a wildlife authority that was granted by the chief executive under a repealed provision and in effect immediately before the commencement (an existing wildlife authority). (2) From the commencement, the existing wildlife authority is taken to be a plant authority granted under the corresponding provision for the repealed provision. (3) From the commencement, the person who was the holder of the existing wildlife authority immediately before the commencement is taken to be the holder of the plant authority. (4) If, immediately before the commencement, the existing wildlife authority was subject to a condition or other restriction (however described), the plant authority is subject to the same condition or restriction. (5) An existing wildlife authority continued in effect under this section as a plant authority is a transitioned authority. (6) Subsection (4) does not prevent a transitioned authority being amended, suspended or cancelled under this regulation. 210 Existing amendments or suspensions continued (1) This section applies if, immediately before the commencement, an amendment or suspension was in effect for a transitioned authority under a repealed provision. (2) The amendment or suspension continues in effect under this regulation for the transitioned authority as if the amendment or suspension were made or imposed under the corresponding provision for the repealed provision. Current as at 20 May 2022 Page 133 Authorised by the Parliamentary Counsel [s 211] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions 211 Term of transitioned authorities (1) A transitioned authority ends on the day it would have otherwise ended under a repealed provision, but for the repeal of the provision. (2) Subsection (1) does not prevent a transitioned authority being amended, surrendered or cancelled under this regulation. 212 Existing fee exemptions continued (1) This section applies if— (a) before the commencement, the chief executive granted an exemption under the repealed administration regulation, section 166; and (b) immediately before the commencement, the exemption was in effect. (2) The exemption continues in effect as if it were granted under section 182. (3) The exemption is subject to the same conditions, if any, imposed by the chief executive under the repealed administration regulation, section 166. Division 3 Existing applications for wildlife authorities for plants and internal review 213 Undecided applications for wildlife authorities (1) This section applies if— (a) before the commencement, a person made an application (the existing application) for the grant of a wildlife authority, or the amendment of an existing wildlife authority, under a repealed provision; and Page 134 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 214] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions (b) immediately before the commencement, the existing application had not been decided. (2) If the existing application was for the grant of a wildlife authority, it is taken to be an application for a plant authority under the corresponding provision for the repealed provision. (3) If the existing application was for the amendment of an existing wildlife authority, it is taken to be an application of the same kind under the corresponding provision for the repealed provision. (4) No fee is payable for the application under this regulation if all fees payable for the existing application under the repealed administration regulation or the repealed management regulation were paid before the commencement. 214 Undecided applications or entitlements for internal or external review (1) This section applies if— (a) before the commencement— (i) a person made an application (the existing application) for an internal or external review, under a repealed provision, of a reviewable decision related to a plant or a wildlife authority granted before the commencement; or (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement); and (b) immediately before the commencement— (i) the existing application had not been decided; or (ii) the period in which the person was entitled to apply for the review had not ended. (2) Chapter 11, part 1 applies in relation to the person as if— (a) the reviewable decision— Current as at 20 May 2022 Page 135 Authorised by the Parliamentary Counsel [s 215] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions (i) were an original decision or internal review decision within the meaning of section 188; and (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and (b) for an existing application—the application had been made under that part; and (c) for an existing entitlement—the person is entitled to apply for a review of the same kind under that part. (3) If a stay of the reviewable decision was granted under a repealed provision, the stay is taken to continue in force under the corresponding provision for the repealed provision. (4) In this section— reviewable decision has the meaning given under the repealed administration regulation. Division 4 Record keeping and supplied tags 215 Particular existing records A record made or kept, before the commencement, in relation to a plant or an existing wildlife authority, under a repealed provision is taken to be made or kept— (a) under the corresponding provision for the repealed provision; or (b) if there is a provision of the plant exemptions code that provides for the same, or substantially the same, matter as the repealed provision—under the provision of the plant exemptions code. Page 136 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 216] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions 216 Supplied tags (1) This section applies in relation to a tag supplied under the repealed management regulation, section 347 before the commencement in relation to a plant, other than a tag that was recalled under section 350 of that regulation before the commencement. (2) The tag is taken to be supplied under section 165(1). 217 Approvals about use or transfer of tags (1) This section applies if— (a) before the commencement, the chief executive gave an approval under— (i) the repealed management regulation, section 335; or (ii) the repealed management regulation, section 349; and (b) the approval relates to a tag supplied for a plant; and (c) immediately before the commencement, the approval was in effect. (2) The approval is taken to be an approval given under— (a) for an approval mentioned in subsection (1)(a)(i)—section 169(1); or (b) for an approval mentioned in subsection (1)(a)(ii)—section 166(2). 218 Undecided applications for tags (1) This section applies if— (a) before the commencement, a person made an application for an official tag under the repealed management regulation, section 261ZM(4) or 348A; and Current as at 20 May 2022 Page 137 Authorised by the Parliamentary Counsel [s 219] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions (b) immediately before the commencement, the application had not been decided. (2) The chief executive must decide the application under the repealed management regulation after the commencement as if the regulation had not been repealed. (3) If the chief executive decides to supply an official tag under the repealed management regulation— (a) the tag is taken to be supplied under section 165(1); and (b) no fee is payable in relation to the tag under this regulation if all fees payable in relation to the tag under the repealed administration regulation or the repealed management regulation were paid before the commencement. Division 5 Matters relating to clearing 219 Existing agreements by chief executive for buffer zone for clearing impact area (1) This section applies if— (a) before the commencement, the chief executive agreed under the repealed management regulation, section 249(2) to an area (the agreed area) as a buffer zone for an area to be cleared for section 249(1)(b)(ii) of that regulation; and (b) immediately before the commencement, the agreement was in effect. (2) On the commencement, the agreement is taken to be an agreement under section 134 for the agreed area to be a buffer zone under this regulation for the area to be cleared. Page 138 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 220] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions 220 Existing agreements by chief executive for alternative survey methodology (1) This section applies if— (a) before the commencement, the chief executive agreed under the repealed management regulation, section 257(2) to an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under that regulation; and (b) immediately before the commencement, the agreement was in effect. (2) On the commencement, the agreement is taken to be an agreement under section 143 for an alternative survey methodology for carrying out a flora survey, or preparing a flora survey report, under this regulation. 221 Continuation of existing flora surveys (1) This section applies if, before the commencement— (a) a flora survey under the repealed management regulation, section 250(1) was undertaken (the existing survey); and (b) the existing survey complied with section 257 of that regulation. (2) On the commencement, the existing survey is taken to be a flora survey under section 140(1). 222 Continuation of existing flora survey reports (1) This section applies if, before the commencement— (a) a flora survey report under the repealed management regulation, section 250(2) was prepared (the existing report); and (b) the existing report complied with section 257 of that regulation. Current as at 20 May 2022 Page 139 Authorised by the Parliamentary Counsel [s 223] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions (2) On the commencement, the existing report is taken to be a flora survey report under section 140(2). 223 Existing copy of flora survey trigger map (1) This section applies if— (a) before the commencement, a person was required to keep a copy of the flora survey trigger map under the repealed management regulation, section 261Z(2); and (b) immediately before the commencement, the time for keeping the copy had not ended; and (c) on the commencement, a provision of the plant exemptions code (the new code provision) provides for the same, or substantially the same matter, as the repealed management regulation, section 261Z(2). (2) On the commencement, the requirement to keep the copy— (a) continues to apply; and (b) is taken to be imposed under the new code provision. Division 6 Other matters 224 Other undecided applications, invitations, requests, notices and notifications (1) This section applies if, immediately before the commencement— (a) an application, relating to a plant or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or (b) an invitation, request, notice or other notification (however called), relating to a plant or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled. Page 140 Current as at 20 May 2022 Authorised by the Parliamentary Counsel [s 225] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions (2) However, this section does not apply in relation to an application mentioned in division 3 or 4. (3) If subsection (1)(a) applies— (a) the application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and (b) no fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement. (4) If subsection (1)(b) applies, the invitation, request, notice or other notification is taken to have been given under the corresponding provision for the repealed provision on the same terms as it was made or given under the repealed provision. 225 Seized things (1) This section applies if, immediately before the commencement, a thing seized under a repealed provision was being kept under a repealed provision. (2) The thing— (a) is taken to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and (b) is taken to be kept under the corresponding provision for the repealed provision under which the thing was being kept. Current as at 20 May 2022 Page 141 Authorised by the Parliamentary Counsel [s 226] Nature Conservation (Plants) Regulation 2020 Chapter 12 Transitional provisions Division 7 References in documents 226 References to repealed regulations In a document, if the context permits— (a) a reference to a repealed regulation may be taken to be a reference to this regulation; and (b) a reference to a repealed provision may be taken to be a reference to the corresponding provision for the repealed provision. Part 2 Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 227 Continuing application of former s 102 to existing applications (1) This section applies if— (a) before the commencement, a person made an application (the existing application) for the grant or amendment of a plant authority; and (b) immediately before the commencement, the existing application had not been decided. (2) Former section 102 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced. (3) In this section— former section 102 means section 102 as in force immediately before the commencement. Page 142 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Schedule 1 Classification of plants and declared management intent sections 13 to 18 Part 1 Preliminary 1 Definitions for schedule In this schedule— ecosystem process means a natural process that assists in sustaining an ecosystem as a living thing. information, about a plant, includes— (a) the biochemical, genetic or molecular details of the plant; and (b) information about the distribution or natural history of the plant. land manager means— (a) a landholder; or (b) the State, an entity representing the State, or a local government, to the extent the State, entity or local government— (i) has an interest in public land under its management; or (ii) is otherwise responsible for the management or development of public land. management principles, for a protected plant, means the matters stated in section 73 of the Act. Current as at 20 May 2022 Page 143 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Part 2 Protected wildlife Division 1 Extinct wildlife—declared management intent 2 Significance to nature and its value (1) A plant that is extinct wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant. (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. 3 Proposed management intent The proposed management intent for a plant that is extinct wildlife is— (a) to establish and maintain a database of information about the plant and its former habitat; and (b) to investigate reliable sightings of the plant; and (c) to monitor and review information about reported sightings of the plant; and (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its former habitat; and (e) to consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; and Page 144 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (f) to implement education programs for land managers about— (i) threatening processes to re-establishing the plant or its habitat; and (ii) the conservation of the plant and its habitat; and (g) for a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife. 4 Principles relating to proposed taking, keeping and use A plant that is extinct wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use— (a) is for putting into effect a recovery plan for the plant; and (b) is not likely to reduce the ability of the plant’s population to expand. Division 2 Extinct in the wild wildlife Subdivision 1 Plants 5 Plants Scientific name Amphibromus whitei Corchorus thozetii Didymoglossum exiguum Embelia flueckigeri Goodenia arenicola Haplopteris dareicarpa Current as at 20 May 2022 Page 145 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Subdivision 2 Declared management intent 6 Significance to nature and its value (1) A plant that is extinct in the wild wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the plant. (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. Huperzia serrata Hymenophyllum lobbii Lemmaphyllum accedens Musa fitzalanii Oldenlandia tenelliflora var. papuana Paspalum batianoffii Persoonia prostrata Pseudodiphasium volubile Ptilotus senarius Tmesipteris lanceolata Wendlandia psychotrioides Scientific name Page 146 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 7 Proposed management intent The proposed management intent for a plant that is extinct in the wild wildlife is— (a) to establish and maintain a database of information about the plant and its habitat; and (b) to investigate reliable sightings of the plant; and (c) to monitor and review information about reported sightings of the plant; and (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the plant and its habitat; and (e) for a plant known to survive outside the wild—to consider developing a strategy for re-establishing the plant in the wild and, if it is considered appropriate, to develop and implement the strategy; 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) for a plant found to still exist in the wild—to manage the plant as if it were critically endangered wildlife until it is reclassified as another class of wildlife. 8 Principles relating to proposed taking, keeping and use A plant that is extinct in the wild wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use— (a) is for putting into effect a recovery plan for the plant; and (b) is not likely to reduce the ability of the plant’s population to expand. Current as at 20 May 2022 Page 147 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Division 3 Critically endangered wildlife Subdivision 1 Plants 9 Plants Scientific name Acacia castorum Acacia deuteroneura Acacia forsteri Amblovenatum immersum Amblovenatum tildeniae Antrophyum austroqueenslandicum Apatophyllum flavovirens Backhousia oligantha Backhousia tetraptera Boronia grimshawii Borya inopinata Brachychiton guymeri Brachychiton sp. (Ormeau L.H.Bird AQ435851) Bruguiera × hainesii Calotis glabrescens Calyptochloa gracillima subsp. ipsviciensis Coleus acariformis Coleus insularis Coleus minutus Page 148 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Commersonia beeronensis Commersonia inglewoodensis Commersonia pearnii Commersonia perkinsiana Crepidomanes aphlebioides Croton lucens Croton mamillatus Cynometra roseiflora Decaspermum struckoilicum Diplazium squamuligerum Drosera buubugujin Emmenosperma pancherianum Eriocaulon aloefolium Eriocaulon giganticum Eucalyptus argophloia Eucalyptus dalveenica Eucryphia jinksii Eucryphia wilkiei Garcinia russellii Gossia gonoclada Gossia inophloia Grevillea hodgei Grevillea scortechinii subsp. scortechinii Gyrostemon osmus Scientific name Current as at 20 May 2022 Page 149 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Hollandaea porphyrocarpa Homoranthus brevistylis Homoranthus coracinus Homoranthus cummingii Homoranthus inopinatus Homoranthus montanus Homoranthus papillatus Homoranthus tricolor Homoranthus vagans Hymenophyllum reinwardtii Hymenophyllum whitei Kunzea calida Leichhardtia araujacea Lenwebbia sp. (Main Range P.R.Sharpe+ 4877) Lobelia fontana Macadamia jansenii Melaleuca lophocoracorum Notelaea ipsviciensis Oberonia attenuata Phlegmariurus creber Phlegmariurus dalhousieanus Phlegmariurus squarrosus Pimelea fugiens Pimelea leptospermoides subsp. bowmanni Scientific name Page 150 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Prostanthera albohirta Prostanthera athertoniana Prostanthera eungella Prostanthera mulliganensis Prostanthera tozerana Rhodamnia angustifolia Rhodamnia longisepala Rhodamnia maideniana Rhodamnia rubescens Rhodomyrtus psidioides Solanum adoxum Solanum angustum Solanum orgadophilum Syzygium fratris Trioncinia patens Zieria actites Zieria alata Zieria boolbunda Zieria cephalophila Zieria eungellaensis Zieria exsul Zieria fordii Zieria gymnocarpa Zieria hydroscopica Scientific name Current as at 20 May 2022 Page 151 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Subdivision 2 Declared management intent 10 Significance to nature and its value (1) A plant that is critically 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. 11 Proposed management intent The proposed management intent for a plant that is critically 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 Zieria madida Zieria montana Zieria scopulus Zieria vagans Zieria wilhelminae Scientific name Page 152 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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. Current as at 20 May 2022 Page 153 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 12 Principles relating to proposed taking, keeping and use A plant that is critically 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 4 Endangered wildlife Subdivision 1 Plants 13 Plants Scientific name Acacia porcata Acacia rubricola Acacia saxicola Acianthus saxatilis Acronychia littoralis Alectryon ramiflorus Alectryon repandodentatus Allocasuarina emuina Allocasuarina thalassoscopica Alsophila exilis Apatophyllum olsenii Aponogeton bullosus Aponogeton lancesmithii Page 154 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Aponogeton prolifer Archontophoenix myolensis Aristida forsteri Aristida granitica Aristida thompsonii Astonia australiensis Astrotricha roddii Atalaya collina Bertya granitica Bertya recurvata Blandfordia grandiflora Boea kinnearii Boronia granitica Boronia repanda Bulbophyllum maxillare Caladenia atroclavia Callicarpa thozetii Calochilus psednus Calotis suffruticosa Camptacra perdita Capparis humistrata Carronia pedicellata Cheilocostus potierae Chingia australis Scientific name Current as at 20 May 2022 Page 155 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Chloris circumfontinalis Coix gasteenii Coleus habrophyllus Coleus nitidus Coleus omissus Coleus torrenticola Comesperma anemosmaragdinum Commersonia leiperi Cooktownia robertsii Corchorus cunninghamii Corunastylis tecta Cossinia australiana Crepidium lawleri Croton caudatus Cycas distans Cycas megacarpa Cycas ophiolitica Cycas semota Cymbonotus maidenii Cyperus cephalotes Dallwatsonia felliana Davidsonia johnsonii Dendrobium antennatum Dendrobium mirbelianum Scientific name Page 156 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Dendrobium nindii Denhamia megacarpa Dinosperma longifolium Diplazium pallidum Diploglottis campbellii Dipodium pandanum Dolichocarpa spathulata Eleocharis difformis Endiandra cooperana Endiandra wongawallanensis Eriocaulon carsonii Eryngium fontanum Eucalyptus broviniensis Eucalyptus conglomerata Eucalyptus farinosa Eucalyptus nudicaulis Eucalyptus pachycalyx subsp. waajensis Eucalyptus taurina Euphrasia bella Fimbristylis adjuncta Fimbristylis vagans Fontainea fugax Gardenia actinocarpa Gaultheria viridicarpa Scientific name Current as at 20 May 2022 Page 157 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Glochidion pruinosum Glossocardia orthochaeta Gossia fragrantissima Graptophyllum reticulatum Grevillea linsmithii Gunniopsis sp. (Edgbaston R.J.Fensham 5094) Habenaria chlorosepala Habenaria exilis Habenaria harroldii Habenaria macraithii Hedyotis novoguineensis Hibbertia sp. (Taravale J.E.Kemp+ 20074) Homopholis belsonii Homoranthus zeteticorum Isachne sharpii Jasminum jenniae Kardomia granitica Kardomia silvestris Kunzea sericothrix Kunzea truncata Lasiopetalum sp. (Proston J.A.Baker 17) Leionema elatius subsp. beckleri Lenwebbia sp. (Blackall Range P.R.Sharpe 5387) Lepisanthes senegalensis Scientific name Page 158 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Lilaeopsis brisbanica Lindsaea terrae-reginae Lobelia fenshamii Macrozamia cranei Macrozamia lomandroides Macrozamia pauli-guilielmi Macrozamia platyrhachis Macrozamia serpentina Macrozamia viridis Melaleuca irbyana Melaleuca sylvana Melaleuca uxorum Microcarpaea agonis Micromyrtus carinata Micromyrtus delicata Micromyrtus patula Mitrantia bilocularis Murraya crenulata Musa jackeyi Myriophyllum artesium Myrsine serpenticola Nepenthes mirabilis (Bramston Beach population) Nicotiana wuttkei Noahdendron nicholasii Scientific name Current as at 20 May 2022 Page 159 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Ochrosia moorei Olearia hygrophila Olearia orientalis Parsonsia largiflorens Parsonsia sankowskyana Parsonsia wongabelensis Peristylus banfieldii Phaius australis Phaius bernaysii Phalaenopsis rosenstromii Phebalium distans Phlegmariurus carinatus Phlegmariurus pinifolius Pimelea approximans Planchonella eerwah Plesioneuron tuberculatum Pluchea alata Pluchea punctata Pneumatopteris pennigera Pomaderris clivicola Pomaderris coomingalensis Prostanthera clotteniana Pterostylis caligna Pterostylis chaetophora Scientific name Page 160 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Pterostylis scoliosa Ptilotus brachyanthus Ptilotus extenuatus Ptilotus uncinellus Randia moorei Rhizanthella omissa Rhodamnia arenaria Rhodamnia dumicola Rhodamnia sessiliflora Rhodamnia whiteana Rhodomyrtus canescens Rhodomyrtus effusa Rhodomyrtus pervagata Ricinocarpos canianus Salacistis ochroleuca Sankowskya stipularis Sarcochilus fitzgeraldii Sarcochilus weinthalii Scleromitrion gibsonii Solanum adenophorum Solanum dissectum Solanum elachophyllum Solanum graniticum Solanum johnsonianum Scientific name Current as at 20 May 2022 Page 161 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Solanum mentiens Solanum papaverifolium Solanum unispinum Sphaeropteris felina Sporobolus pamelae Stackhousia sp. (McIvor River J.R.Clarkson 5201) Stylidium elachophyllum Styphelia recurvisepala Styphelia sp. (Coolmunda D.Halford Q1635) Syzygium glenum Tectaria devexa var. devexa Toechima pterocarpum Trioncinia retroflexa Triunia robusta Uncaria cordata Vincetoxicum forsteri Vincetoxicum rupicola Vincetoxicum woollsii Vittadinia decora Vrydagzynea grayi Westringia grandifolia Xanthostemon formosus Xerothamnella herbacea Zieria bifida Scientific name Page 162 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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 Zieria graniticola Zieria inexpectata Scientific name Current as at 20 May 2022 Page 163 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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— Page 164 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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 argentina Acacia argyrotricha Acacia attenuata Acacia barakulensis Acacia baueri subsp. baueri Acacia crombiei Acacia curranii Acacia eremophiloides Acacia guymeri Acacia handonis Acacia hockingsii Acacia homaloclada Acacia hylonoma Acacia islana Acacia lauta Current as at 20 May 2022 Page 165 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Acacia lumholtzii Acacia pedleyi Acacia peuce Acacia pubifolia Acacia purpureopetala Acacia solenota 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 bella Actephila championiae Actephila foetida Aglaia argentea Allocasuarina filidens Allocasuarina rigida subsp. exsul Alloxylon flammeum Ammannia robertsii Amomum queenslandicum Antrophyum subfalcatum Apluda mutica Scientific name Page 166 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Aponogeton elongatus subsp. fluitans Archidendron kanisii Archidendron lovelliae Ardisia fasciculata Arenga australasica Argophyllum cryptophlebum Argophyllum verae Aristida annua Arthraxon australiensis Arthraxon hispidus Arundinella grevillensis Asplenium normale Asplenium pellucidum Atriplex morrisii Austromuellera valida Baeckea trapeza Baloghia marmorata Banksia conferta Banksia plagiocarpa Barongia lophandra Berrya rotundifolia Bertya calycina Bertya ernestiana Bertya glandulosa Scientific name Current as at 20 May 2022 Page 167 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Bertya pinifolia Blepharoglossum condylobulbon Bogoria matutina Boronia keysii Bothriochloa bunyensis Brachyscome ascendens Breynia macrantha Bryobium dischorense Bryobium irukandjianum Bubbia queenslandiana subsp. australis Bubbia whiteana Buchanania mangoides Buckinghamia ferruginiflora Bulbophyllum argyropus Bulbophyllum boonjee Bulbophyllum gracillimum Bulbophyllum grandimesense Bulbophyllum longiflorum Bulbophyllum weinthalii Bulbophyllum windsorense Bulbophyllum wolfei Bursaria reevesii Cadellia pentastylis Cadetia collinsii Scientific name Page 168 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Cadetia wariana Calamus aruensis Calamus warburgii Calocephalus glabratus Calophyllum bicolor Calytrix gurulmundensis Calytrix islensis Canarium acutifolium Capparis batianoffii Capparis thozetiana Carex breviscapa Cassia marksiana Cassinia collina Caustis blakei subsp. macrantha Ceratopetalum corymbosum Chiloglottis sphyrnoides Cinnamomum propinquum Cissus aristata Citrus inodora Clematis fawcettii Coleus amoenus Coleus eungellaensis Coleus gratus Coleus leiperi Scientific name Current as at 20 May 2022 Page 169 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Combretum trifoliatum Comesperma oblongatum Comesperma praecelsum Commersonia reticulata Coopernookia scabridiuscula Corchorus hygrophilus Corchorus subargenteus Corunastylis alticola Corunastylis cranei Corunastylis pedersonii Corunastylis valida Corybas montanus Corymbia clandestina Corymbia leptoloma Corymbia petalophylla Corymbia rhodops Corymbia xanthope Corynocarpus rupestris subsp. arborescens Crepidium fimbriatum Crepidium flavovirens Crepidomanes majoriae Croton choristadenius Croton magneticus Croton simulans Scientific name Page 170 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Croton stockeri Crudia papuana 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 Scientific name Current as at 20 May 2022 Page 171 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Dendrobium bigibbum Dendrobium callitrophilum Dendrobium carronii Dendrobium fellowsii Dendrobium johannis Dendrobium malbrownii Dendrobium x superbiens Dendromyza reinwardtiana Denhamia parvifolia Dichanthium queenslandicum Dioclea hexandra Diospyros areolifolia Diplazium cordifolium Dischidia littoralis Dissiliaria tuckeri Diuris parvipetala Dodonaea hirsuta Dodonaea rupicola Dracophyllum sayeri Drosera prolifera Drosera schizandra Drummondita calida Drynaria x dumicola Dryopteris sparsa Scientific name Page 172 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Dryopteris wattsii Dubouzetia saxatilis Ehretia microphylla Eidothea zoexylocarya Elaeocarpus thelmae Eleocharis retroflexa Endiandra anthropophagorum Endiandra grayi Endiandra hayesii Endiandra jonesii Endiandra phaeocarpa Eragrostis fenshamii Eremophila stenophylla Eremophila tetraptera Eucalyptus beaniana Eucalyptus dunnii Eucalyptus hallii Eucalyptus infera Eucalyptus kabiana Eucalyptus paedoglauca Eucalyptus scoparia Eucalyptus sicilifolia Eucalyptus sideroxylon subsp. improcera Eucalyptus virens Scientific name Current as at 20 May 2022 Page 173 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Eulophia pelorica Eulophia zollingeri Euodia hylandii Euodia pubifolia Euphorbia carissoides Fawcettia tinosporoides Fimbristylis distincta Fimbristylis micans Firmiana papuana Flindersia oppositifolia Floydia praealta Fontainea australis Fontainea rostrata Fontainea venosa Freycinetia marginata Freycinetia percostata Gardenia psidioides Gastrodia crebriflora Gastrodia urceolata Germainia capitata Globba marantina Gonocarpus effusus Gonocarpus hirtus Goodenia stirlingii Scientific name Page 174 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Graptophyllum ilicifolium Grastidium tozerense Grevillea glossadenia Grevillea hockingsii Grevillea kennedyana Grevillea quadricauda Grevillea venusta Gymnema stramineum Gymnostoma australianum Habenaria euryloba Habenaria fuscina Habenaria vatia Hakea maconochieana Hakea macrorrhyncha Hakea trineura Haloragis exalata subsp. velutina Hardenbergia sp. (Mt Mulligan J.R.Clarkson 5775) Helicia ferruginea Helicia grayi Helicia lewisensis Hemmantia webbii Hexaspora pubescens Hibbertia cymosa Hicksbeachia pinnatifolia Scientific name Current as at 20 May 2022 Page 175 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Hollandaea riparia Homoranthus decumbens Homoranthus porteri Hydnophytum ferrugineum Hydriastele costata Hydrocotyle dipleura Hymenasplenium perriei Hymenasplenium wildii Hymenophyllum digitatum Hymenophyllum eboracense Hymenophyllum gracilescens Hymenophyllum kerianum Hypserpa polyandra Indigofera oxyrachis Ipomoea imperati Ipomoea saintronanensis Jedda multicaulis Kardomia squarrulosa Lagenophora fimbriata Lasianthus hirsutus Lasjia claudiensis Lasjia grandis Lastreopsis silvestris Lastreopsis walleri Scientific name Page 176 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Lawrencia buchananensis Leichhardtia brevifolia Leichhardtia coronata Leichhardtia longiloba Leichhardtia paludicola Leichhardtia pumila Leichhardtia rara Leionema ellipticum Leionema gracile Leionema obtusifolium Lepidagathis royenii Lepiderema pulchella Leptospermum barneyense Leptospermum luehmannii Leptospermum oreophilum Leptospermum venustum Lepturus minutus Lissanthe brevistyla Litsea granitica Livistona drudei Livistona fulva Livistona lanuginosa Logania diffusa Lomandra teres Scientific name Current as at 20 May 2022 Page 177 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Lychnothamnus barbatus Macadamia integrifolia Macadamia ternifolia Macadamia tetraphylla Macropteranthes montana Macrozamia cardiacensis Macrozamia conferta Macrozamia crassifolia Macrozamia machinii Macrozamia occidua Macrozamia parcifolia Mallotus megadontus Maundia triglochinoides Medicosma elliptica Medicosma obovata Melaleuca comosa Melaleuca kunzeoides Melaleuca williamsii Mesua larnachiana Micromyrtus rotundifolia Micromyrtus vernicosa Myriophyllum coronatum Myrmecodia beccarii Neisosperma kilneri Scientific name Page 178 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Neoroepera buxifolia Newcastelia velutina Niemeyera whitei Notelaea lloydii Nyssanthes impervia Nyssanthes longistyla Oberonia carnosa Ochrosperma obovatum Omphalea celata Oreogrammitis albosetosa Oreogrammitis leonardii Oreogrammitis reinwardtii Owenia cepiodora Ozothamnus eriocephalus Ozothamnus vagans Pachystoma pubescens Panicum chillagoanum Paramapania parvibractea Parapolystichum grayi Parapolystichum tinarooense Parsonsia bartlensis Parsonsia kroombitensis Parsonsia larcomensis Parsonsia tenuis Scientific name Current as at 20 May 2022 Page 179 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Parsonsia wildensis Paspalidium grandispiculatum Paspalidium udum Paspalum multinodum Peripentadenia phelpsii Persicaria elatior Phaius pictus Phaleria biflora Phebalium glandulosum subsp. eglandulosum Phebalium whitei Philotheca acrolopha 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 conyzoides Picris evae Pluchea tenuis Scientific name Page 180 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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) Psydrax reticulata Pterostylis bicornis Pultenaea setulosa Pultenaea whiteana Rhaphidospora bonneyana Rhaphidospora cavernarum Rhaponticum australe Rhomboda polygonoides Ricinocarpos speciosus Ristantia gouldii Ristantia waterhousei Romnalda ophiopogonoides Romnalda strobilacea Rutidosis crispata Scientific name Current as at 20 May 2022 Page 181 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Samadera bidwillii Samadera sp. (Kennedy River J.R.Clarkson 5645) Sannantha brachypoda Sannantha papillosa Sannantha tozerensis Sarcochilus hartmannii Sarcochilus hirticalcar Sarcolobus vittatus Schoenorchis sarcophylla Sclerolaena blakei Scrotochloa tararaensis Scrotochloa urceolata Secamone auriculata Senegalia pennata subsp. kerrii Shonia carinata Solanum callium Solanum carduiforme Solanum dunalianum Solanum hamulosum Solanum lythrocarpum Solanum stenopterum Sophora fraseri Sowerbaea subtilis Spathoglottis plicata Scientific name Page 182 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Sphaerantia chartacea Sphaerantia discolor Stenanthemum argenteum Stenocarpus davallioides Sticherus milnei Stictocardia queenslandica Stockwellia quadrifida Stylidium longissimum Styphelia malayana subsp. novoguineensis Swainsona murrayana Symplocos baeuerlenii Symplocos crassiramifera Symplocos graniticola Syzygium aqueum Syzygium hodgkinsoniae Syzygium macilwraithianum Syzygium moorei Syzygium rubrimolle Syzygium velarum Tectaria siifolia Tetramolopium sp. (Mt Bowen D.G.Fell+ DGF1224) Tetramolopium vagans Thelasis carinata Thelypteris confluens Scientific name Current as at 20 May 2022 Page 183 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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 Wetria australiensis Wodyetia bifurcata Xanthostemon graniticus Xanthostemon oppositifolius Xanthostemon verticillatus Xylosma sp. (Mt Lewis G.Sankowsky+ 1108) Zieria collina Zieria obovata Zieria rimulosa Zieria verrucosa Scientific name Page 184 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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 Current as at 20 May 2022 Page 185 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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. Page 186 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Division 6 Near threatened wildlife Subdivision 1 Plants 21 Plants Scientific name Acacia acrionastes Acacia arbiana Acacia armitii Acacia calantha Acacia longipedunculata Acacia ommatosperma Acacia spania Acacia storyi Acacia wardellii Aceratium ferrugineum Aceratium sericoleopsis Acmena mackinnoniana Acronychia acuminata Acronychia eungellensis Acrotriche baileyana Agathis microstachya Agiortia cicatricata Aglaia monticola Allocasuarina rupicola Current as at 20 May 2022 Page 187 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Alloxylon pinnatum Alpinia hylandii Alsophila cunninghamii Anacolosa papuana Anoectochilus yatesiae Antrophyum plantagineum Apatophyllum teretifolium Aphyllorchis anomala Aphyllorchis queenslandica Aponogeton elongatus subsp. elongatus Archidendropsis xanthoxylon Ardisia bakeri Argyrodendron sp. (Boonjie B.P.Hyland RFK2139) Arytera dictyoneura Austrobuxus megacarpus Austrocallerya pilipes Austromuellera trinervia Beilschmiedia castrisinensis Bertya pedicellata Bertya sharpeana Blechnum reticulatum Boronia amabilis Boronia rivularis Brachychiton compactus Scientific name Page 188 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Brachychiton grandiflorus Brownlowia argentata Bubbia queenslandiana subsp. queenslandiana Bulbophyllum globuliforme Callitris baileyi Calochlaena villosa Cecarria obtusifolia Ceratopetalum macrophyllum Cerbera dumicola Chiloglottis longiclavata Coleus blakei Comesperma breviflorum Conospermum burgessiorum Corsia dispar Corunastylis sigmoidea Corybas abellianus Corybas cerasinus Corymbia scabrida Croton brachypus Croton densivestitus Crudia abbreviata Cryptandra ciliata Cryptocarya floydii Cucumis costatus Scientific name Current as at 20 May 2022 Page 189 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Cupaniopsis newmanii Dactyliophora novae-guineae Dansiea elliptica Demorchis queenslandica 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 Elaeocarpus coorangooloo Scientific name Page 190 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Elaphoglossum callifolium Endiandra bellendenkerana Endiandra globosa Endiandra microneura 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 Habenaria hymenophylla Habenaria rumphii Habenaria xanthantha Helicia recurva Heptapleurum bractescens Hernandia bivalvis Hibbertia elata Scientific name Current as at 20 May 2022 Page 191 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Hibbertia hexandra Hibbertia monticola Homoranthus tropicus Hoya anulata Hoya inconspicua Hoya macgillivrayi Hymenophyllum pallidum Ipomoea antonschmidii Labichea brassii Lastreopsis dissecta Leionema ambiens Lenwebbia prominens Lepiderema hirsuta Lepiderema largiflorens Leptospermum pallidum Lepturus geminatus Lepturus xerophilus Linospadix palmerianus Litsea macrophylla Livistona concinna Livistona nitida Lobelia membranacea Macarthuria complanata Macropteranthes leiocaulis Scientific name Page 192 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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 Scientific name Current as at 20 May 2022 Page 193 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Pararistolochia praevenosa Pectinopitys ladei Peripentadenia mearsii Persoonia daphnoides Philotheca sporadica Phylacium bracteosum Pimelea leptospermoides subsp. leptospermoides Pimelea umbratica Piper mestonii Pittosporum oreillyanum Planchonella xylocarpa Plectorrhiza beckleri Pneumatopteris costata 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) Scientific name Page 194 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 Ptilotus maconochiei Randia audasii Remusatia vivipara Rhodamnia glabrescens Rhodanthe rufescens Robiquetia wassellii Rutidosis glandulosa Rutidosis lanata Ryparosa kurrangii Samadera baileyana 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 Scientific name Current as at 20 May 2022 Page 195 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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) Xanthophyllum fragrans Xanthostemon arenarius Xylosma ovata Zieria adenodonta Scientific name Page 196 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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 Current as at 20 May 2022 Page 197 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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. Page 198 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 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— Current as at 20 May 2022 Page 199 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation (Plants) Regulation 2020 (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. Page 200 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 2 Nature Conservation (Plants) Regulation 2020 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 Current as at 20 May 2022 Page 201 Authorised by the Parliamentary Counsel Schedule 2 Nature Conservation (Plants) Regulation 2020 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) Page 202 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 3 Nature Conservation (Plants) Regulation 2020 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 Current as at 20 May 2022 Page 203 Authorised by the Parliamentary Counsel Schedule 4 Nature Conservation (Plants) Regulation 2020 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 Page 204 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 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, for chapter 11, part 1, see section 188. approved form means a form approved under section 207. 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 Current as at 20 May 2022 Page 205 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 (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). buffer zone see section 133(2). claim period, for a seized thing, for chapter 11, part 2, see section 195. 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, Page 206 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 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, for chapter 11, part 2, see section 199(1). 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 Current as at 20 May 2022 Page 207 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 information, for schedule 1, see schedule 1, section 1. information notice, for a decision, means a notice stating the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons. (c) that the person to whom the notice is given may ask for a review of the decision under this regulation; (d) how, and the period within which, the review may be started; (e) if the person may apply for a stay of the operation of the decision under the Act—how the person may apply for the stay. internal review, for chapter 11, part 1, see section 190(1). internal review decision, for chapter 11, part 1, see section 188. 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 Page 208 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 • 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, for chapter 11, part 1, see section 188. owner, of a seized thing, for chapter 11, part 2, see section 195. 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. Current as at 20 May 2022 Page 209 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 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. 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 Act and 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 Act and 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 Act about considering an application for a plant authority. protected plant trade label means a label about the use of a restricted plant for trade that— Page 210 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 (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, for chapter 11, part 1, see section 188. 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. 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 Current as at 20 May 2022 Page 211 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 (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, for chapter 11, part 2, see section 196(2). seizure notice, for a seized thing, for chapter 11, part 2, see section 195. State-related land means— (a) unallocated State land under the Land Act 1994; or (b) a reserve for community purposes under the Land Act 1994; or (c) a State forest or timber reserve under the Forestry Act 1959; or (d) a forest reserve; or (e) land subject to a lease or licence under the Land Act 1994; or (f) a State-controlled road or local government road under the Transport Infrastructure 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 Page 212 Current as at 20 May 2022 Authorised by the Parliamentary Counsel Schedule 5 Nature Conservation (Plants) Regulation 2020 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. Current as at 20 May 2022 Page 213 Authorised by the Parliamentary Counsel