Nature Conservation (Protected Plants) Conservation Plan 2000

Queensland Nature Conservation Act 1992 Nature Conservation (Protected Plants) Conservation Plan 2000 Current as at 5 October 2012 Reprint note— This is the last reprint before repeal. Repealed on 31 March 2014 by 2014 SL No. 32 s 52.

Information about this reprint This plan is reprinted as at 5 October 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Nature Conservation (Protected Plants) Conservation Plan 2000 Contents Part 1 1 2 3 Part 2 4 5 6 Part 3 Division 1 8 9 10 11 12 13 Division 2 Subdivision 1 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Purposes of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Words defined in other nature conservation legislation . . . . . . . . 7 When whole plant is taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Taking, using and keeping protected plants Restrictions and requirements for taking and using protected plants General requirement for taking protected plants . . . . . . . . . . . . . 8 Taking of protected plant during harvest period . . . . . . . . . . . . . . 9 Taking protected plant in monitoring plot . . . . . . . . . . . . . . . . . . . 9 Restriction on grant of licence, permit or authority for taking, keeping or using particular plants. . . . . . . . . . . . . . . . . . . . . . . . . 9 Restriction on taking and using endangered plant . . . . . . . . . . . . 10 Restriction on grant of licence, permit or authority for taking endangered plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commercial taking of protected plants Restrictions relating to commercial wildlife harvesting licences Principle for granting commercial wildlife harvesting licences . . . 11 Restrictions on grant of commercial wildlife harvesting licences . 12 Restrictions on taking under commercial wildlife harvesting licence ........................................ 14

Nature Conservation (Protected Plants) Conservation Plan 2000 Contents Subdivision 2 17 18 19 20 Subdivision 3 21 22 23 24 25 Division 3 26 27 Division 4 28 29 30 31 Division 5 32 33 34 35 36 Division 6 37 38 39 Part 4 Division 1 40 Commercial taking of whole plants in the wild Restriction on taking whole least concern plant in the wild . . . . . Restriction on grant of commercial wildlife harvesting licence for whole protected plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking whole plants in the wild . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking stock plant in the wild . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial taking of protected plant parts in the wild Restriction on taking particular protected plant parts . . . . . . . . . . General requirements for taking protected plant parts . . . . . . . . . Taking protected plant parts in the wild . . . . . . . . . . . . . . . . . . . . Labelling of certain protected plant parts . . . . . . . . . . . . . . . . . . . Restrictions on taking seed or other propagating material . . . . . . Recreational wildlife harvesting licences for protected plants Restrictions on grant of recreational wildlife harvesting licence . . Restrictions on recreational wildlife harvesting licensee . . . . . . . Permits for taking and using protected plants Restriction on grant of educational or scientific purposes permit . Restrictions on grant of clearing permit . . . . . . . . . . . . . . . . . . . . Conditions of clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of damage mitigation permit . . . . . . . . . . . . Tagging and movement of protected plants Particular plants for sale to be tagged . . . . . . . . . . . . . . . . . . . . . Protected plant parts to be tagged . . . . . . . . . . . . . . . . . . . . . . . . When official tag may be removed . . . . . . . . . . . . . . . . . . . . . . . . Movement of protected plants taken under commercial wildlife harvesting licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Movement of protected plants taken under recreational wildlife harvesting licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Declaration of harvest period . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing in protected plants taken in contravention of plan . . . . . . Restriction on approval of authorised propagators to take seed . Exemptions and authorisations for taking, using and keeping protected plants Preliminary Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 15 16 17 17 19 20 21 21 23 24 24 25 25 26 26 27 27 28 28 29 29 30 Page 2

Division 2 41 42 43 44 45 46 Division 3 47 48 49 50 51 52 53 Part 5 54 55 56 Part 6 57 58 59 Schedule 1 Schedule 2 Schedule 3 Nature Conservation (Protected Plants) Conservation Plan 2000 Contents Exemptions for taking, using and keeping protected plants Exemption for requirement for clearing permit . . . . . . . . . . . . . . . Exemption for taking or using least concern plant for timber or mulch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for taking or using marine plant . . . . . . . . . . . . . . . . . Exemption for taking or using particular plants for grazing activities ....................................... Exemption for taking protected plant parts for sick, injured or orphaned wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for taking and using seed or propagating material of protected plant for commercial purpose . . . . . . . . . . . . . . . . . . Authorisations for taking, using and keeping protected plants Authorisation for taking protected plant parts for identification. . . Authorisation for taking or using plant parts for personal or recreational use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation for taking or using whole least concern plant for personal or recreational use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation for taking protected plant for conservation or revegetation program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation for taking plant for educational or scientific purposes ...................................... Authorisation for Australian Defence Forces taking and using least concern plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation for chief executive taking, using or keeping protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records and returns Keeping records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of operations—wildlife harvesting licences . . . . . . . . . . . . Return of operations—clearing permit . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Conservation value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plan does not replace management intent for protected plants . . Amendment of plan—Act, s 124. . . . . . . . . . . . . . . . . . . . . . . . . . Protected plants for which additional taking limitations apply ........................................ Whole protected plants requiring official tag when taken in the wild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 31 31 32 32 32 34 35 35 36 38 38 38 39 40 40 40 40 42 47 48 Page 3

Nature Conservation (Protected Plants) Conservation Plan 2000 Contents Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 53 53 54 54 55 Page 4

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 1 Preliminary [s 1] Nature Conservation (Protected Plants) Conservation Plan 2000 [as amended by all amendments that commenced on or before 5 October 2012] Part 1 Preliminary 1 Short title This conservation plan may be cited as the Nature Conservation (Protected Plants) Conservation Plan 2000 . 2 Commencement (1) Section 37 commences on the day this plan is notified in the gazette. (2) Sections 15(5)(b) and 22(2)(b) commence on 1 July 2001. (3) Section 55(2) commences on 1 January 2002. (4) The remaining provisions of this plan commence on 1 January 2001. 3 Purposes of plan The purposes of this plan are as follows— (a) to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants; (b) to allow the ecologically sustainable use of protected plants taken from the wild; (c) to control threatening processes; (d) to minimise the impact of taking protected plants on nature including, for example, by adopting a Current as at 5 October 2012 Page 5

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 1 Preliminary [s 3] precautionary approach in the setting of limits for taking and the granting of licences; (e) to facilitate the export of protected plants; (f) to encourage the transition from taking protected plants from the wild to obtaining protected plant parts from cultivation while recognising that the taking of plant parts from the wild— (i) may be ecologically sustainable while providing economic and social benefits; and (ii) is required for species that are difficult to cultivate but are suitable for taking from the wild; and (iii) has a legitimate role in market testing of new plant products; and (iv) is required for taxonomic, ecological and scientific purposes; and (v) may be important for bioprospecting activities for new chemical compounds for pharmaceutical or industrial purposes; and (vi) may be allowed for taking for personal or recreational use subject to restrictions; and (vii) is required for military survival training; and (viii) plays a role in Aboriginal tradition and Island custom; (g) to provide for the phased reduction in the taking of whole plants from the wild for commercial purposes; (h) to minimise the potential for illegally taken plants to be used for commercial purposes. Page 6 Current as at 5 October 2012

Part 2 Nature Conservation (Protected Plants) Conservation Plan 2000 Part 2 Interpretation [s 4] Interpretation 4 Definitions The dictionary in schedule 3 defines particular words used in this conservation plan. 5 Words defined in other nature conservation legislation (1) Subject to section 4 and unless this plan provides otherwise, terms used in this plan have the meaning given in the Wildlife Management Regulation. (2) To remove any doubt, it is declared that subsection (1) also applies to the following, as applied to the Wildlife Management Regulation under section 5 of that regulation— (a) a definition under the Nature Conservation (Administration) Regulation 2006 ; (b) a provision of the Nature Conservation (Administration) Regulation 2006 that aids the interpretation of a term used in that regulation. 6 When whole plant is taken (1) For this plan, a whole plant is taken if no part of the plant that may naturally and readily regrow is left behind. (2) However, if a person divides a plant, each resulting plant is a whole plant even though a viable section of the original plant is left behind after the plant is taken. (3) If a person takes a plant that propagates by creeping rhizomes, each of the following is a whole plant— (a) a continuous piece of rhizome bearing living fronds; (b) any removed section of joined rhizomes bearing living fronds. Current as at 5 October 2012 Page 7

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 8] Part 3 Taking, using and keeping protected plants Division 1 Restrictions and requirements for taking and using protected plants 8 General requirement for taking protected plants (1) A person must not take a protected plant other than in a way that minimises— (a) damage to the soil; or (b) for the taking of— (i) a whole plant—damage or injury to other wildlife; or (ii) a plant part—damage or injury to wildlife. Maximum penalty—80 penalty units. (2) However, a person does not commit an offence against subsection (1) if— (a) the person complies with the following, to the extent they are relevant to the way in which the plant is taken— (i) the ‘Code of practice for the taking and use of protected plants’, published by the department; Editor’s note — A copy of the code can be obtained during business hours from the department’s office at 160 Ann Street, Brisbane or from the department’s website at <www.derm.qld.gov.au>. (ii) an applicable harvest period notice; (iii) the ‘Management program for protected whole plants in Queensland’ or the ‘Management program for protected plant parts in Queensland’; or (b) the plant is taken under a clearing permit; or Page 8 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 9] (c) the plant is taken under section 41; or (d) the plant is taken under salvage; or (e) exceptional circumstances apply to the taking. 9 Taking of protected plant during harvest period (1) A person who holds a commercial or recreational wildlife harvesting licence for protected plants may take a protected plant under the licence only during a harvest period for the plant. (2) A person who takes a protected plant in a harvest period must comply with the conditions stated in the harvest period notice. Maximum penalty—120 penalty units. (3) However, a person does not commit an offence against subsection (2) if the person takes the plant under— (a) an exemption under section 41, 42, 43 or 44; or (b) a damage mitigation permit or clearing permit for the plant. 10 Taking protected plant in monitoring plot A person must not take a protected plant in a monitoring plot established under a commercial wildlife harvesting licence for protected plants or scientific purposes permit other than under the licence or permit. Maximum penalty—80 penalty units. 11 Restriction on grant of licence, permit or authority for taking, keeping or using particular plants (1) The chief executive must not grant a licence, permit or authority, other than a clearing permit or scientific purposes permit, for the following protected plants— (a) family Aponogetonaceae— • a plant of the genus Aponogeton; Current as at 5 October 2012 Page 9

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 12] (b) family Lycopodiaceae— • Huperzia dalhousieana (blue tassel fern); (c) family Orchidaceae— • Dendrobium bigibbum (Cooktown orchid) • Dendrobium lithocola (Cooktown orchid) • Dendrobium phalaenopsis (Cooktown orchid) • Dendrobium falcorostrum (beech orchid) • Dendrobium kingianum (pink rock orchid) • Sarcochilus hartmannii • Sarcochilus cecileae (fairy bells) • Sarcochilus roseus (rosy pink) • Sarcochilus fitzgeraldii (ravine orchid) • Phalaenopsis rosenstromii (moth orchid); (d) family Liliaceae— • a plant of the genus Blandfordia (Christmas bells). (2) Subsection (1) has effect subject to sections 15(7) and 26(2), (3) and (4). 12 Restriction on taking and using endangered plant (1) A person may take a whole endangered plant in the wild only under— (a) a recreational wildlife harvesting licence for protected plants, if the plant— (i) would otherwise have been lawfully destroyed; or (ii) is to be taken under section 26(2); or (b) a clearing permit; or (c) a scientific purposes permit; or (d) a damage mitigation permit; or Page 10 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 13] (e) a commercial wildlife harvesting licence for protected plants that complies with a conservation plan or approved recovery plan for the plant for propagating the species and returning it to the wild. (2) A person may take endangered plant parts in the wild only— (a) under a recreational or commercial wildlife harvesting licence for protected plants that complies with a conservation plan or approved recovery plan for the plant for propagating the species and returning it to the wild; or (b) under a scientific purposes permit for the plant; or (c) under an Aboriginal tradition or Island custom authority; or (d) for the seed or other propagating material of an endangered plant—if the person is an authorised propagator for taking the seed or material of the plant. 13 Restriction on grant of licence, permit or authority for taking endangered plant The chief executive must not grant a licence, permit or authority for taking endangered plants if the taking may reduce the ability of the plant’s population to expand. Division 2 Commercial taking of protected plants Subdivision 1 Restrictions relating to commercial wildlife harvesting licences 14 Principle for granting commercial wildlife harvesting licences The chief executive must decide an application for a commercial wildlife harvesting licence for protected plants Current as at 5 October 2012 Page 11

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 15] under 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. 15 Restrictions on grant of commercial wildlife harvesting licences (1) The chief executive must not grant a commercial wildlife harvesting licence for protected plants— (a) to more than 1 person for the same species of protected plant for the same place for the same 12 month period; or (b) for a protected plant that has not been adequately identified; or (c) for a protected plant mentioned in schedule 1; or (d) if there would be a significant impact on other wildlife that uses the plant for shelter or food. (2) However— (a) subsection (1)(a), (b) or (c) does not apply if the plant is taken for a bioprospecting activity; and (b) subsection (1)(c) does not apply if the plant is taken under salvage. (3) The chief executive must not grant a commercial wildlife harvesting licence for a protected plant part— (a) taken from a threatened or near threatened plant in the wild unless the part is to be used for propagation; or (b) if the chief executive is satisfied the taking is likely to result in the death of the plant from which the part is taken. (4) Also, the chief executive must not grant a commercial wildlife harvesting licence for protected plants for a place if the chief executive is satisfied 1 of the following may be taken by mistake— Page 12 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 15] (a) a threatened or near threatened plant; (b) a plant mentioned in schedule 1; (c) a plant for which the taking is prohibited under a harvest period notice. (5) In addition, the chief executive must not grant a commercial wildlife harvesting licence for protected plant parts unless, the chief executive is satisfied the applicant— (a) has access to appropriate levels of scientific expertise and resources to carry out continuing research and monitoring of the taking of plant parts under the licence; and (b) has adopted an environmental management system for the taking. (6) However, subsection (5) does not apply if the chief executive is satisfied— (a) the plant is to be taken under salvage or exceptional circumstances apply to the taking; or (b) the scale of the operations to be carried out under the licence does not warrant the research and monitoring or the adoption of an environmental management system. (7) The chief executive may grant a commercial wildlife harvesting licence for taking a protected plant mentioned in section 11(1)(d) only if the chief executive is satisfied the plant would be lawfully destroyed under— (a) a clearing permit; or (b) an authorisation or exemption under— (i) a regulation under the Act; or (ii) this or another conservation plan. (8) In this section— threatened or near threatened plant includes a critically endangered, endangered or vulnerable plant under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth). Current as at 5 October 2012 Page 13

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 16] 16 Restrictions on taking under commercial wildlife harvesting licence (1) A person who takes a protected plant under a commercial wildlife harvesting licence for protected plants must not sell the plant to anyone other than a licensee under a commercial wildlife licence for the plant. Maximum penalty—120 penalty units. (2) A person authorised to take protected plants under a commercial wildlife harvesting licence for protected plants must not take protected plants within 50m of the boundary of a national park or a national park (scientific). Maximum penalty—165 penalty units. (3) However, a person does not commit an offence against subsection (2) if the plant is taken under salvage or if exceptional circumstances apply to the taking. Subdivision 2 Commercial taking of whole plants in the wild 17 Restriction on taking whole least concern plant in the wild A person must not take a whole least concern plant in the wild for a commercial purpose other than under a commercial wildlife harvesting licence for the plant. Maximum penalty—165 penalty units. 18 Restriction on grant of commercial wildlife harvesting licence for whole protected plant The chief executive may grant a commercial wildlife harvesting licence for taking a whole protected plant in the wild only if— Page 14 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 19] (a) the chief executive is satisfied the applicant has the necessary knowledge and experience to successfully transplant the plant and any of the following apply— (i) the plant would otherwise have been lawfully destroyed; (ii) the taking is part of a conservation program, approved by the chief executive, to conserve the species by cultivation and reintroduction into the wild; (iii) the plant is to be taken for a stock plant; (iv) the plant is a least concern plant, other than a type A restricted plant, and the taking of the plant is likely to have little adverse impact on the survival in the wild of the species in the part of the plant’s natural range from which the plant is to be taken; (v) the plant is a vulnerable or near threatened plant or a type A restricted plant and chief executive is satisfied the proposed taking is an ecologically sustainable use of the plant; or (b) the plant is to be taken for a bioprospecting activity. 19 Taking whole plants in the wild (1) A person who, under a commercial wildlife harvesting licence for protected plants, takes a whole plant mentioned in schedule 2 must, by the time stated in subsection (2)— (a) attach an official tag to the plant; or (b) attach a label that complies with this section (a harvest label ) to each load of which the plant is a part or container in which the plant is included; or (c) if the plant is taken on State land—complete and carry a forestry removal document for the plant until— (i) the load of which the plant is a part or container in which the plant is included is divided for sale; or (ii) the plant is processed for sale. Current as at 5 October 2012 Page 15

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 20] Maximum penalty—120 penalty units. (2) The time for compliance with subsection (1) is the first of the following to happen— (a) the plant is moved from the land from which it is taken; (b) the end of the day the plant is taken. (3) The harvest label must state the following— (a) the name of the plant; (b) the date and place of taking; (c) the licence number under which the plant is taken; (d) the name of the person who took the plant and, if a vehicle is used, its registration number. (4) A person must not remove the harvest label until the earlier of the following— (a) the load of plants or container in which the plants are included is divided for sale; (b) the plant is processed for sale. Maximum penalty—120 penalty units. 20 Taking stock plant in the wild (1) The chief executive may grant a commercial wildlife harvesting licence for taking whole plants for stock plants if— (a) the chief executive is satisfied there is a need to— (i) introduce a species into cultivation for commercial purposes; or (ii) replenish or supplement the genetic variation in a species in cultivation; and (b) the applicant is an authorised cultivator or propagator or a licensee under a commercial wildlife licence for the plants; and (c) the chief executive is satisfied the applicant has the necessary knowledge, facilities and resources to Page 16 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 21] propagate the plants and use their progeny for commercial purposes. (2) A licensee under a commercial wildlife harvesting licence for taking protected plants for propagation only must not— (a) take more than 50 whole plants for stock plants in any 12 month period; or (b) sell a protected plant taken under the licence without the chief executive’s written approval. Maximum penalty—165 penalty units. Subdivision 3 Commercial taking of protected plant parts in the wild 21 Restriction on taking particular protected plant parts A person must not take protected plant parts from a least concern plant in the wild for a commercial purpose other than— (a) under a commercial wildlife harvesting licence for the plant; or (b) if the protected plant part is seed or other propagating material—under section 25(1)(b) or 46. Maximum penalty—165 penalty units. 22 General requirements for taking protected plant parts (1) This section applies to the licensee under a commercial wildlife harvesting licence for taking protected plant parts. (2) The licensee must— (a) carry out research and monitoring into the effects of taking plant parts under the licence; and (b) adopt an environmental management system and give a copy of the system to the chief executive when the Current as at 5 October 2012 Page 17

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 22] system is adopted and each time it is significantly changed. Maximum penalty—120 penalty units. (3) However, the licensee does not commit an offence against subsection (2) if— (a) the plants are taken under salvage; or (b) exceptional circumstances apply to the taking; or (c) a notice under subsection (4) is in force for the licensee. (4) The chief executive may give written notice to the licensee that the scale or nature of the operations to be carried out under the licence do not warrant the research and monitoring or the adoption of an environmental management system. (5) The licensee must, in the way stated in the ‘Management program for protected plant parts in Queensland’ or agreed between the licensee and the chief executive— (a) establish 1 or more monitoring plots to sample all the species of plants taken under the licence; and (b) carry out a yearly survey of the plants in the plots. Maximum penalty—120 penalty units. Editor’s note — A copy of the program may be inspected during business hours at the department’s office at 160 Ann Street, Brisbane or on the department’s website at <www.derm.qld.gov.au>. (6) The licensee must give the chief executive— (a) in the year the monitoring plot is established, a map or sketch showing the location of the plot; and (b) within 1 month after each yearly survey, a statement containing the following information— (i) details of the growth of the plants of each species in the plot measured as average height for each stem for the plants from which plant parts were taken and for the plants designated when the plot Page 18 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 23] was established as plants from which plant parts are not to be taken; (ii) 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. Maximum penalty—120 penalty units. 23 Taking protected plant parts in the wild (1) A person who, under a commercial wildlife harvesting licence, takes protected plant parts in the wild must, by the time stated in subsection (2)— (a) attach a label that complies with this section (a harvest label ) to each load of plant parts or container in which the plant parts are included; or (b) if the plant parts are taken on State land—complete and carry a forestry removal document for the plant parts until— (i) the load of plant parts or container in which the plant parts are included is divided for sale; or (ii) the plant parts are processed for sale. Maximum penalty—120 penalty units. (2) The time for compliance with subsection (1) is the first of the following to happen— (a) the plant parts are moved from the land from which they are taken; (b) the end of the day the plant parts are taken. (3) The harvest label must state the following— (a) the name of the plant parts; (b) the date and place of taking; (c) the licence number under which the plant parts are taken; Current as at 5 October 2012 Page 19

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 24] (d) the name of the person who took the plant parts and, if a vehicle is used, its registration number. (4) A person must not remove the harvest label until the earlier of the following— (a) the load of plant parts or container in which the plant parts are included is divided for sale; (b) the plant parts are processed for sale. Maximum penalty—120 penalty units. 24 Labelling of certain protected plant parts (1) This section applies to a licensee under a commercial wildlife harvesting licence for protected plants who takes protected plant parts in the wild for the flower or foliage trade in protected plants. (2) The licensee must, before moving the plant parts for sale or out of Queensland, ensure each container of protected plant parts is marked or labelled as required by subsection (3) or (4). Maximum penalty—40 penalty units. (3) If all the plant parts are taken under the licence, each container must be marked or labelled ‘This product has been taken under a Nature Conservation Act 1992 (Queensland) licence.’. (4) If only some of the plant parts are taken under the licence, each container must be marked or labelled— (a) ‘Some of this product has been taken under a Nature Conservation Act 1992 (Queensland) licence.’; and (b) the remaining plant parts have been obtained from cultivation or lawfully taken in the wild in another State. Page 20 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 25] 25 Restrictions on taking seed or other propagating material (1) A person must not take seed or other propagating material from a type B restricted plant in the wild for a commercial purpose— (a) other than under a commercial wildlife harvesting licence for the plant; or (b) unless— (i) the person is an authorised propagator; and (ii) under the person’s approval as an authorised propagator, the person may take seed or other propagating material from a type B restricted plant; and (iii) the person complies with the conditions mentioned in subsection (2). Maximum penalty—165 penalty units. (2) For subsection (1)(b)(iii), the conditions are that the person must not take, in any 12 month period, more than— (a) 200 seeds of an endangered or vulnerable plant, other than a cycad; or (b) 1kg of cuttings of type B restricted plants; or (c) 100 seeds of a vulnerable cycad; or (d) 50 seeds of an endangered cycad; or (e) 200 seeds of another cycad. Division 3 Recreational wildlife harvesting licences for protected plants 26 Restrictions on grant of recreational wildlife harvesting licence (1) The chief executive must not grant a recreational wildlife harvesting licence for protected plants unless the applicant is— Current as at 5 October 2012 Page 21

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 26] (a) an individual; or (b) a recreational plant society. (2) The chief executive may grant a recreational wildlife harvesting licence for taking protected plants for conservation purposes only if the chief executive is satisfied— (a) the applicant— (i) is a voluntary conservation organisation; and (ii) has the expertise to take the seed or other propagating material and to propagate the plants for reintroduction to the wild; and (b) the plant is an— (i) endangered or vulnerable plant and— (A) adequate seed or other propagating material is available from the wild; and (B) the species was part of the original flora of the place to be revegetated; and (C) if the plant is a plant mentioned in section 11(1)(a) or (b)—exceptional circumstances apply to its taking; and (ii) endangered plant and the taking and reintroduction of the plant to the wild is consistent with a recovery plan or conservation plan for the plant. (3) Also, the chief executive may grant a recreational wildlife harvesting licence for taking a protected plant mentioned in section 11(1)(c) only if the chief executive is satisfied exceptional circumstances apply to its taking. (4) In addition, the chief executive may grant a recreational wildlife harvesting licence for taking a protected plant mentioned in section 11(1)(d) only if the chief executive is satisfied the plant would be lawfully destroyed under— (a) a clearing permit; or (b) an authorisation or exemption under— Page 22 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 27] (i) a regulation under the Act; or (ii) this or another conservation plan. 27 Restrictions on recreational wildlife harvesting licensee (1) The licensee under a recreational wildlife harvesting licence for whole type A restricted plants must not take more than— (a) for an individual— (i) 5 plants of a species in a month; or (ii) 50 plants in any 12 month period; or (b) for a recreational plant society— (i) 5 plants of a species in a month; or (ii) 100 plants in any 12 month period. Maximum penalty—80 penalty units. (2) However, the licensee does not commit an offence against subsection (1)(b) if the protected plant— (a) would otherwise have been lawfully destroyed; and (b) is taken with the chief executive’s approval. (3) A recreational plant society must ensure the taking, under the society’s recreational wildlife harvesting licence, of more than 1 specimen from the same plant does not contravene section 8(1). Maximum penalty—10 penalty units. (4) A person who takes a protected plant under a recreational wildlife harvesting licence for protected plants must not use the plant for a commercial purpose. Maximum penalty—165 penalty units. Current as at 5 October 2012 Page 23

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 28] Division 4 Permits for taking and using protected plants 28 Restriction on grant of educational or scientific purposes permit (1) The chief executive must not grant an educational or scientific purposes permit for protected plants to— (a) a licensee under a wildlife harvesting licence or commercial wildlife licence for protected plants; or (b) an authorised cultivator or propagator; or (c) if the application for the permit relates to whole endangered or vulnerable plants—a person who does not have, or have access to, facilities to properly care for the plants; or (d) a person for carrying out a bioprospecting activity. (2) The holder of a scientific or educational purposes permit must not use a plant taken under the permit for a commercial purpose. Maximum penalty—165 penalty units. (3) For subsection (2), a person is not taken to have used a plant for a commercial purpose merely because the person has used the plant in carrying out an environmental impact assessment study. (4) The chief executive may, by written notice given to the permit holder, require the holder to give a specimen of a plant taken under the permit to a stated entity. (5) The permit holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. 29 Restrictions on grant of clearing permit (1) The chief executive may grant a clearing permit for taking protected plants only if the chief executive is satisfied— Page 24 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 30] (a) the applicant is the landholder, or has the approval of the landholder, of the land on which the plants are located; and (b) the taking will not adversely affect the survival in the wild of the plant; and (c) for a plant mentioned in section 11(1)(a), (b) or (c)—exceptional circumstances apply to its taking. (2) Also, the chief executive may grant a clearing permit for taking protected plants in an area identified under a conservation plan as, or including, a critical habitat or an area of major interest, only if— (a) the plan does not prohibit the granting of the permit; and (b) the chief executive is satisfied the taking of the plants will not have a significant impact on a viable population of protected wildlife or a community of native wildlife in the area. 30 Conditions of clearing permit (1) The chief executive may grant a clearing permit on the following conditions— (a) the permit holder must try to find a lawful commercial or recreational use for the plants taken under the permit; (b) the plants must be transplanted and maintained by the permit holder or someone else. (2) Subsection (1) does not limit the conditions that may be imposed on a clearing permit. 31 Restrictions on grant of damage mitigation permit The chief executive may grant a damage mitigation permit to take an endangered, vulnerable or near threatened cycad if the chief executive is satisfied there is no prudent and feasible alternative to the destruction of the plant. Current as at 5 October 2012 Page 25

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 32] Editor’s note — For other restrictions on grant of damage mitigation permits, see the Wildlife Management Regulation— • chapter 2 (Provisions applying to all wildlife authorities), part 1 (Restrictions on grant for all wildlife authorities) • chapter 4 (Using or moving protected plants), part 4 (Licences, permits and other authorities for taking or using protected plants), division 3 (Permits for taking or using protected plants), subdivision 2 (Damage mitigation permits). Division 5 Tagging and movement of protected plants 32 Particular plants for sale to be tagged The licensee under a commercial wildlife harvesting licence for protected plants who takes a whole protected plant mentioned in schedule 2 must— (a) attach an official tag to the plant before selling or moving the plant to a licensee under a commercial wildlife licence for the plant (a wholesaler ); or (b) when moving the plant to the wholesaler, give the wholesaler an official tag for the plant. Maximum penalty—120 penalty units. 33 Protected plant parts to be tagged (1) This section applies if a harvest period notice declares the licensee under a commercial wildlife harvesting licence for protected plants must not sell protected plant parts unless the plant parts are tagged. (2) The licensee must securely attach an official tag to each bundle of stems of protected plants secured together before selling or moving the plant parts to a licensee under a commercial wildlife licence for the plant. Maximum penalty—120 penalty units. Page 26 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 34] 34 When official tag may be removed (1) This section applies if, under this plan or the Wildlife Management Regulation, an official tag is attached to a protected plant. (2) A person must not remove the tag— (a) for a whole plant—unless the plant is bought under a retail sale and the person does not sell the plant; or (b) for a bundle of stems of protected plants secured together—unless the person buys the plant parts for retail sale from a licensee under a commercial wildlife licence. Maximum penalty—80 penalty units. 35 Movement of protected plants taken under commercial wildlife harvesting licence A person who takes a protected plant under a commercial wildlife harvesting licence for protected plants must not move the plant to a place other than— (a) if the plant is to be used for cultivation or propagation—the place where the cultivation or propagation is to be carried out; or (b) if the plant is to be stored before it is sold to a licensee under a commercial wildlife licence for the plant—the person’s usual residence or another place authorised in writing by the chief executive; or (c) if the plant is sold, or to be sold, to a licensee under a commercial wildlife licence for the plant—a place stated in the licence for the plant; or (d) a transport depot for consignment to a place stated in a commercial wildlife licence for the plant. Maximum penalty—120 penalty units. Current as at 5 October 2012 Page 27

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 36] 36 Movement of protected plants taken under recreational wildlife harvesting licence A person who takes a protected plant under a recreational wildlife harvesting licence for protected plants must not move the plant to, or store or propagate the plant at, a place other than the person’s usual place of residence or another place authorised in writing by the chief executive. Maximum penalty—120 penalty units. Division 6 Miscellaneous provisions 37 Declaration of harvest period (1) The chief executive may, by written notice (a harvest period notice ), declare a harvest period for a protected plant. (2) The harvest period notice may impose conditions on the taking of a protected plant, including, for example— (a) the maximum number of plants that may be taken; and (b) the way in which a whole plant or plant part may be taken; and (c) localities where a plant must not be taken; and (d) how a plant taken may be used. (3) Despite subsection (1), the chief executive may declare a harvest period for taking whole protected plants for a commercial purpose after 31 December 2005 only if the plants are to be taken— (a) as stock plants; or (b) under salvage; or (c) for a bioprospecting activity. Page 28 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 3 Taking, using and keeping protected plants [s 38] 38 Dealing in protected plants taken in contravention of plan (1) The licensee under a commercial wildlife licence for protected plants must not buy a protected plant mentioned in schedule 2 if the plant does not have an official tag with, or attached to, it. Maximum penalty—165 penalty units. (2) However, subsection (1) does not apply if the plant has been lawfully taken, kept or used in another State and has been brought into Queensland under a wildlife movement permit or movement advice. (3) The licensee under a commercial wildlife licence for protected plants must not buy a protected plant part if it does not have an official tag attached to it as required under a harvest period notice for the plant part. Maximum penalty—165 penalty units. 39 Restriction on approval of authorised propagators to take seed The chief executive must not approve an authorised propagator to take seed or other propagating material from a type B restricted plant unless the chief executive is satisfied the propagator— (a) has the ability to identify threatened plants and type B restricted plants; and (b) does not trade in seed of a type B restricted plant. Current as at 5 October 2012 Page 29

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 40] Part 4 Exemptions and authorisations for taking, using and keeping protected plants Division 1 Preliminary 40 Purpose of pt 4 The purpose of this part is to provide authorisations and exemptions for offences for taking, using or keeping protected plants under sections 89 and 90 of the Act. Division 2 Exemptions for taking, using and keeping protected plants 41 Exemption for requirement for clearing permit (1) A clearing permit is not needed for taking a protected plant if— (a) the taking happens in the course of an activity under an authority, other than a mining lease or petroleum lease, made, granted or given under another Act by— (i) the Governor in Council; or (ii) someone else and the chief executive approves the taking in the course of the activity; or (b) the taking happens in the course of an activity under a mining lease; or (c) the taking happens in the course of an activity under a petroleum lease; or (d) for a least concern plant on private land—the person taking the plant is the landholder of the land. (2) For subsection (1)(a)(ii), the chief executive’s approval may be given— Page 30 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 42] (a) for a particular activity or class of activity; and (b) with or without conditions; and (c) only if the chief executive is satisfied the taking will not adversely affect the survival in the wild of 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 . 42 Exemption for taking or using least concern plant for timber or mulch A licence, permit or authority is not needed for taking or using a least concern plant— (a) for timber—if the plant was taken— (i) under the Forestry Act 1959 on State land; or (ii) on private land; or (b) for mulch—if the plant is taken under salvage. 43 Exemption for taking or using marine plant A licence, permit or authority is not needed for taking or using a marine plant under the Fisheries Act 1994 that is a least concern plant if the plant is lawfully taken or used under that Act. 44 Exemption for taking or using particular plants for grazing activities (1) The landholder of private land does not need a licence, permit or authority for taking or using a least concern plant on the land if the plant is— (a) consumed by stock on the land; or Current as at 5 October 2012 Page 31

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 45] (b) taken or used for fodder or mulch for stock. (2) A licence, permit or authority is not needed for taking a protected plant on State land if the plant is taken by stock grazing under a lease, licence, permit or other authority, or an exemption, given under another Act. 45 Exemption for taking protected plant parts for sick, injured or orphaned wildlife (1) A person does not need a wildlife harvesting licence for taking plant parts from a least concern plant if— (a) the plant parts are taken for the care of a sick, injured or orphaned protected animal; and (b) the person holds a rehabilitation permit for the animal. (2) A person who takes a plant part under subsection (1) must carry a copy of the permit when taking the plant part. Maximum penalty—20 penalty units. 46 Exemption for taking and using seed or propagating material of protected plant for commercial purpose A person does not need a commercial wildlife harvesting licence for taking or using seed or other propagating material of a protected plant in the wild, other than a type B restricted plant, for a commercial purpose. Division 3 Authorisations for taking, using and keeping protected plants 47 Authorisation for taking protected plant parts for identification (1) This section applies if it is necessary to have a plant identified to enable the chief executive to grant a person a licence, permit or authority for taking a protected plant. (2) Also, this section applies if a person— Page 32 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 47] (a) finds a plant at a place, other than on State land; and (b) reasonably believes the plant is a vulnerable, near threatened or least concern plant and is an important record for the species at the place; and (c) does not have a licence, permit or authority for taking the plant; and (d) reasonably believes it is not practicable for the person to return to the place after obtaining a licence, permit or authority for taking the plant. (3) The person may take a specimen from the plant without a licence, permit or authority. (4) Also, the person may take— (a) more of the plant than will fit on a standard sheet of herbarium paper if— (i) the person reasonably believes the plant exhibits special life forms and might not be correctly identified if a smaller part of the plant were taken; and (ii) the taking will not cause the plant to die; and (b) another specimen from the same plant or the same species of plant at the same place for personal use. (5) The person must— (a) complete a specimen label for the plant part before leaving the land where the plant part is taken; and (b) give the plant part, other than a specimen taken under subsection (4)(b), to the chief executive as soon as practicable after taking it. Maximum penalty—20 penalty units. (6) A person must not use a plant part taken under subsection (3) or (4) for a commercial purpose. Maximum penalty—165 penalty units. Current as at 5 October 2012 Page 33

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 48] 48 Authorisation for taking or using plant parts for personal or recreational use (1) A person may take a plant part from a species of protected plant, other than an endangered plant, on private land for personal or recreational use without a recreational wildlife harvesting licence for protected plants if— (a) the person is the landholder of the land; or (b) the person has the landholder’s written permission to take the plant part. (2) Subsection (1) applies only if the person complies with the conditions mentioned in subsection (3). (3) The conditions are that the person does not take— (a) more than 40 cuttings of the species in a month; or (b) more than 200 cuttings of the species in any 12 month period; or (c) if the seed of the species is larger than 1cm in any dimension— (i) more than 20 seeds of the species in a month; or (ii) more than 100 seeds of the species in any 12 month period; or (d) if the seed of the species is larger than 2mm but not larger than 1cm in any dimension— (i) more than 50 seeds of the species in a month; or (ii) more than 250 seeds of the species in any 12 month period; or (e) if the seed of the species is not larger than 2mm in any dimension— (i) more than 10g of seed of the species in a month; or (ii) more than 100g of seed of the species in any 12 month period. (4) A person who takes a plant part under this section must not use the plant part for a commercial purpose. Page 34 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 49] Maximum penalty—165 penalty units. 49 Authorisation for taking or using whole least concern plant for personal or recreational use (1) A person may take a whole least concern plant, other than a type A restricted plant, on private land for personal or recreational use without a recreational wildlife harvesting licence for protected plants if— (a) the person is the landholder of the land; or (b) the person has the landholder’s written permission to take the plant. (2) A person who takes a plant under subsection (1) must not use the plant for a commercial purpose. Maximum penalty—165 penalty units. 50 Authorisation for taking protected plant for conservation or revegetation program (1) Subject to subsection (2), the landholder of private land may take the following protected plants from the land for use in a conservation or revegetation program without a wildlife harvesting licence for protected plants if the landholder’s land, or land local to the landholder’s land, to be revegetated is in the natural range of the species— (a) the seed or other propagating material of a vulnerable, near threatened or least concern plant; (b) a whole vulnerable, near threatened or least concern plant. (2) For subsection (1), land is local to the landholder’s land if it— (a) is neighbouring the landholder’s land; or (b) is included in a conservation or revegetation program that includes the landholder’s land. Current as at 5 October 2012 Page 35

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 51] (3) Subsection (1) applies to the taking of a whole or part of a vulnerable plant only if the chief executive has given the landholder written permission to take the plant. (4) The chief executive must not grant the permission unless the chief executive is satisfied— (a) the landholder has enough expertise and access to resources to propagate the plant and plant out and care for the propagated plants or transplant the whole plant; and (b) a conservation plan, recovery plan or genetic survey does not need to be prepared or carried out before the species can be transplanted or propagated and established in the wild; and (c) taking the whole or part of the plant will not adversely impact on the existing population of the plant on the landholder’s land. (5) Seed or other propagating material taken under this section may be propagated at a place other than on the landholder’s land. (6) A person must not use seed or other propagating material taken under this section for a commercial purpose. Maximum penalty—165 penalty units. (7) For subsection (6), the landholder does not use seed or propagating material for a commercial purpose merely because the landholder engages another person to take, propagate or transplant the plant. 51 Authorisation for taking plant for educational or scientific purposes (1) A person may take a whole least concern plant in the wild on private land, other than a type A restricted plant or a plant mentioned in schedule 1, for an educational or scientific purpose without an educational or scientific purposes permit if the person does not take— Page 36 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 4 Exemptions and authorisations for taking, using and keeping protected plants [s 51] (a) more than 5 whole plants of the same species in a month; and (b) more than 50 whole plants in any 12 month period. (2) A person may take not more than 2 plant parts as specimens from a near threatened or vulnerable plant in the wild on private land without an educational or scientific purposes permit if— (a) the plant parts are to be used for an educational or scientific purpose; or (b) the person, or someone else by the person, is required to carry out an environmental impact assessment study— (i) under an Act; or (ii) as a condition of an approval by a government entity; or (iii) to ensure the person complies with the general environmental duty under the Environmental Protection Act 1994 . (3) A person who takes a plant or plant part under subsection (1) or (2) must complete a specimen label for the plant part before leaving the land where the plant or plant part was taken. Maximum penalty—20 penalty units. (4) A person may take plant parts from a least concern plant in the wild on private land, other than a plant mentioned in schedule 1, for an educational or scientific purpose without an educational or scientific purposes permit. (5) However, subsection (4) applies only if the number of plant parts taken is reasonable for the educational or scientific purpose. (6) A person must not use a whole plant or plant part taken under this section for a commercial purpose. Maximum penalty—165 penalty units. Current as at 5 October 2012 Page 37

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 5 Records and returns [s 52] 52 Authorisation for Australian Defence Forces taking and using least concern plants A member of the Australian Defence Forces may take and use a least concern plant for food during authorised survival exercises without a collection authority if the plant is taken— (a) under Military Standing Orders; or (b) on private land with the permission of the landholder; or (c) under a permit or other approval under the Forestry Act 1959 . 53 Authorisation for chief executive taking, using or keeping protected plants The chief executive may take, use or keep a protected plant for conservation purposes without a licence, permit or authority. Part 5 Records and returns 54 Keeping records (1) The licensee under a commercial wildlife harvesting licence for protected plants must keep the record, required to be kept under the Act, for the licence in— (a) a record and return book supplied by the chief executive for the licence; or (b) an electronic record system approved by the chief executive for the licence. (2) The licensee must make each entry into the book or electronic record system within 24 hours after the event to which the entry relates happens. (3) The licensee must, when taking or using a protected plant under the licence, keep the book in the licensee’s possession while taking or moving the plant. Page 38 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 5 Records and returns [s 55] Maximum penalty—40 penalty units. (4) If the licensee is a corporation, the licensee must, if the premises stated in the licence is not open for business, keep the book at the licensee’s office in the State. Maximum penalty—80 penalty units. 55 Return of operations—wildlife harvesting licences (1) The licensee under a commercial wildlife harvesting licence for protected plants must, within 14 days after the end of each month in a harvest period, give the chief executive a return of operations for the month. Maximum penalty—120 penalty units. (2) However, subsection (1) does not apply if the licensee is required, under the Forestry Act 1959 , to give a return about the taking of the plant. (3) The licensee under a recreational wildlife harvesting licence for protected plants must, within 14 days after the end of each month in a harvest period, give the chief executive a return of operations for the month. Maximum penalty—20 penalty units. (4) A person who, under a commercial or recreational wildlife harvesting licence for protected plants, attaches an official tag to a protected plant or moves a protected plant with an official tag must, within 14 days after the end of each month in a harvest period, give the chief executive a return stating— (a) the serial number of the tag attached or allocated to each plant in the month; and (b) the species of the plant to which the tag is attached or allocated. Maximum penalty—120 penalty units. Current as at 5 October 2012 Page 39

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 6 Miscellaneous provisions [s 56] 56 Return of operations—clearing permit (1) The holder of a clearing permit for protected plants must give the chief executive a return of operations that complies with subsection (2) within 28 days after the first of the following happens— (a) the clearing is completed; (b) the permit ceases to have effect. Maximum penalty—80 penalty units. (2) The return of operations must state the following— (a) a reasonable estimate of the number of protected plants destroyed; (b) the way in which the plants were disposed of or destroyed; (c) the number of plants successfully transplanted. Part 6 Miscellaneous provisions 57 Conservation value No conservation value is payable for a protected plant taken under this plan. 58 Plan does not replace management intent for protected plants Section 121(2) of the Act does not apply to this plan. 59 Amendment of plan—Act, s 124 An amendment of the following is an amendment to which section 124(2)(c) of the Act applies— (a) section 11(1); Page 40 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Part 6 Miscellaneous provisions [s 59] (b) schedule 1; (c) schedule 2. Current as at 5 October 2012 Page 41

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 1 Schedule 1 Protected plants for which additional taking limitations apply sections 15 and 51 All fungi, algae, lichens, mosses and liverworts Plants of the families— Adiantaceae, other than Adiantum formosum Alismataceae Amaryllidaceae Aristolochiaceae Asphodelaceae Balanophoraceae Blandfordiaceae Blechnaceae, other than Blechnum cartilagineum and Doodia aspera Burmanniaceae Byblidaceae Cabombaceae Campanulaceae, other than Isotoma anethifolia Centrolepidaceae Colchicaceae Convallariaceae Corsiaceae Cymodoceaceae Cyperaceae, other than the following taxa— Baumea rubiginosa Page 42 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 1 Bolboschoenus caldwellii Carex appressa Carex brunnea Carex fascicularis Carex horsfieldii Carex inversa Carex lophocarpa Carex polyantha Caustis blakei subsp. blakei Caustis flexuosa Caustis recurvata Caustis sp. (Robinson Gorge P.I.Forster+ PIF11256) Cyperus concinnus Cyperus cyperoides (terrestrial only) Cyperus difformis Cyperus exaltatus (terrestrial only) Cyperus haspan subsp. haspan subsp. juncoides Cyperus iria Cyperus leiocaulon (terrestrial only) Cyperus lucidus (terrestrial only) Cyperus polystachyos var. laxiflorus var. polystachyos (terrestrial only) Cyperus sanguinolentus Cyperus scaber (terrestrial only) Current as at 5 October 2012 Page 43

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 1 Cyperus trinervis Eleocharis sphacelata Fimbristylis cinnamometorum (terrestrial only) Fimbristylis dichotoma Fimbristylis tristachya (terrestrial only) Fuirena ciliaris (terrestrial only) Gahnia aspera Gahnia sieberiana Isolepis nodosa Lepidosperma laterale var. angustum var. laterale Lepironia articulata Schoenoplectus litoralis Schoenoplectus mucronatus Schoenus brevifolius (terrestrial only) Scleria levis (terrestrial only) Scleria mackaviensis Scleria sphacelata Dicksoniaceae, other than Calochlaena dubia Doryanthaceae Dracaenaceae, other than Cordyline petiolaris and Cordyline rubra Droseraceae Dryopteridaceae Eriocaulaceae Gesneriaceae Goodeniaceae ( Brunonia only) Page 44 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 1 Grammitidaceae Hydrocharitaceae Hymenophyllaceae Juncaceae, other than Juncus continuus , Juncus polyanthemus and Juncus usitatus Juncaginaceae Lemnaceae Lentibulariaceae Lycopodiaceae, other than Lycopodiella cernua Menyanthaceae Najadaceae Nelumbonaceae Nepenthaceae Nymphaeaceae Orchidaceae Phormiaceae, other than Stypandra glauca Podostemaceae Potamogetonaceae Restionaceae, other than— Baloskion pallens Baloskion stenocoleum Baloskion tetraphyllum Eurychorda complanata Schizaeaceae Stylidiaceae, other than Stylidium graminifolium Taccaceae Tmesipteridaceae Violaceae Current as at 5 October 2012 Page 45

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 1 Vittariaceae Xyridaceae Zingiberaceae ( Costus only) Zosteraceae Page 46 Current as at 5 October 2012

Schedule 2 Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 2 Whole protected plants requiring official tag when taken in the wild sections 19, 32 and 38 A type A restricted plant Asplenium australasicum Asplenium nidus Spathoglottis plicata Current as at 5 October 2012 Page 47

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 3 Schedule 3 Dictionary section 4 Page 48 bioprospecting activity — 1 Bioprospecting activity is an activity that— (a) is carried out for commercial purposes using biological material or a derivative of the material obtained from protected plants taken in the State; and (b) is characterised by the systematic search for new sources of chemical compounds, genes, proteins and other products of current or potential economic use found in nature. 2 The term does not include taking to obtain plant genetic material or chemicals for taxonomic studies if the specimens taken are given to a State or Commonwealth government herbarium and the results are placed freely in the public domain. contingent salvage — 1 Contingent salvage is the taking of a plant if— (a) the land on which the plant is located is to be lawfully cleared or substantially disturbed; and Example for paragraph (a) — • constructing a road or loading ramp for a logging activity • clearing land for urban development (b) the plant will be destroyed because of the clearing or disturbance; and (c) the taking of the plant for a commercial purpose is not the reason for the clearing or disturbance. 2 The term does not include the taking of a plant if exceptional circumstances apply to its taking. Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 3 environmental management system is an operational plan complying with the Australian/New Zealand Environmental Management Systems Standard 1996. exceptional circumstances , for the taking of a plant, means taking the plant when the land on which the plant is located is cleared or substantially disturbed, if— (a) the land is ordinarily unlikely to be cleared or disturbed because of its nature including, for example, a cliff face or gorge; and (b) the clearing or disturbance is— (i) a matter of State or national interest; or (ii) approved under another Act. Example for paragraph (b)(i) — flooding land for a dam or constructing a railway or highway Example for paragraph (b)(ii) — developing an open cut mine forestry removal document means a document required to be completed by the purchaser of forest products under section 80 of the Forestry Act 1959 . harvest period notice see section 37(1). local government controlled road means a road that, under the Local Government Act 1993 , is under the control of a local government. marine plant see the Fisheries Act 1994 . operational salvage — 1 Operational salvage is the taking of a protected plant part by the holder of a commercial wildlife harvesting licence for protected plants because the land from which the plant part is to be taken is to be cleared or disturbed by repetitive routine activities, including, for example, slashing, ploughing or poisoning if— (a) the activities are to be carried out to allow the land to be used for forest management, road safety or Current as at 5 October 2012 Page 49

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 3 Page 50 maintaining electricity, water, gas, telecommunication or another service facility; and (b) the plant part is to be taken in carrying out the activities; and (c) the taking of the plant part for a commercial purpose is not the reason for the activities. Examples of land for paragraph 1 — • a State-controlled road other than a native vegetation regeneration area or significant environmental area identified by a roadside sign • a plantation forest of a species that is not indigenous to Australia in a State forest or on private land • land beneath an electric line forming part of a transmission grid or supply network in a publicly controlled place under the Electricity Act 1994 (other than a local government controlled road), an easement or land owned by an electricity entity under the Electricity Act 1994 2 However, operational salvage does not include the taking of a protected plant part if exceptional circumstances apply to its taking. personal or recreational use includes the taking of a protected plant part for use in a local government botanic garden or park. private land means— (a) freehold land; or (b) land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple. protected plant means an endangered, vulnerable, near threatened or least concern plant. recovery plan see the Nature Conservation (Wildlife) Regulation 2006 , schedule 9. salvage means contingent salvage or operational salvage. specimen means part of a plant, including leaves, flowers or fruit, that when taken— (a) fits on a single standard sheet of herbarium paper; and Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 3 (b) will not cause the plant to die. specimen label means a sheet of paper or cardboard kept with the specimen that includes the following information— (a) the name of the person who took the specimen; (b) the place and date of taking; (c) information required under a condition of an applicable harvest period notice. standard sheet of herbarium paper means a sheet of paper or card 270mm wide and 450mm long. State-controlled road see the Transport Infrastructure Act 1994 , schedule 3. State 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 under the Nature Conservation Act 1992 ; or (e) land subject to a lease or licence under the Land Act 1994 ; or (d) a State-controlled or local government controlled road. timber means— (a) a sawlog, sleeper, post or pole— (i) forming, or capable of forming, a structure; or (ii) for sawing or splitting into planks, boards or other things for use in carpentry or joinery; or (iii) for manufacturing timber veneer; or (b) burrs or burls for wood-turning; or (c) wood for artefacts, including, for example, a boomerang didgeridoo; or Current as at 5 October 2012 Page 51

Nature Conservation (Protected Plants) Conservation Plan 2000 Schedule 3 (d) firewood for heating, cooking or charcoal production; or (e) woodchips for manufacturing panelboard, paper or related products. Wildlife Management Regulation means the Nature Conservation (Wildlife Management) Regulation 2006 . Page 52 Current as at 5 October 2012

Endnotes Nature Conservation (Protected Plants) Conservation Plan 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 5 October 2012. Future amendments of the Nature Conservation (Protected Plants) Conservation Plan 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Current as at 5 October 2012 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 53

Nature Conservation (Protected Plants) Conservation Plan 2000 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B rv Amendments to none 2001 SL No. 113 2001 SL No. 113 Effective 1 January 2001 20 July 2001 1 January 2002 Reprint date 2 January 2001 3 August 2001 11 January 2002 Reprint No. 1C 1D 1E 2 2A 2B 3 3A 3B Amendments included 2003 SL No. 375 2005 SL No. 136 2006 SL No. 207 — 2007 SL No. 253 2008 SL No. 21 — 2010 SL No. 94 2012 SL No. 172 Effective 1 March 2004 25 June 2005 21 August 2006 21 August 2006 19 October 2007 8 February 2008 8 February 2008 21 May 2010 5 October 2012 Notes R1E withdrawn, see R2 R2B withdrawn, see R3 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Nature Conservation (Protected Plants) Conservation Plan 2000 SL No. 353 approved by the Governor in Council on 14 December 2000 notfd gaz 15 December 2000 pp 1478–83 ss 1–2, 37 commenced on date of notification (see s 2(1)) ss 15(5)(b), 22(2)(b) commenced 1 July 2001 (see s 2(2)) s 55(2) commenced 1 January 2002 (see s 2(3)) remaining provisions commenced 1 January 2001 (see s 2(4)) exp 31 August 2013 (see SIA s 56A(2) and SIR s 4 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Page 54 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Endnotes Nature Conservation (Protected Plants) Amendment Conservation Plan (No. 1) 2001 SL No. 113 notfd gaz 20 July 2001 pp 1138–40 commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 3) 2003 SL No. 375 ss 1–2, 32 sch notfd gaz 19 December 2003 pp 1307–13 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2004 (see s 2) Note—An explanatory note was prepared Nature Conservation (Protected Plants) Amendment Conservation Plan (No. 1) 2005 SL No. 136 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 25 June 2005 (see s 2) Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 SL No. 207 pts 1, 4 notfd gaz 11 August 2006 pp 1725–8 ss 1–2 commenced on date of notification remaining provisions commenced 21 August 2006 (see s 2) Note—An explanatory note was prepared Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2007 SL No. 253 pts 1, 3 notfd gaz 19 October 2007 pp 958–9 commenced on date of notification Environmental Protection Legislation Amendment Regulation (No. 1) 2008 SL No. 21 pts 1, 3 notfd gaz 8 February 2008 pp 588–9 commenced on date of notification Nature Conservation (Protected Plants) Amendment Conservation Plan (No. 1) 2010 SL No. 94 notfd gaz 21 May 2010 pp 185–6 commenced on date of notification Nature Conservation (Protected Plants) Amendment Conservation Plan (No. 1) 2012 SL No. 172 notfd gaz 5 October 2012 pp 182–3 commenced on date of notification 6 List of annotations Words defined in other nature conservation legislation s 5 sub 2006 SL No. 207 s 25 Current as at 5 October 2012 Page 55

Nature Conservation (Protected Plants) Conservation Plan 2000 Endnotes Restriction on taking and using least concern plants prov hdg amd 2005 SL No. 136 s 4 s 7 amd 2005 SL No. 136 s 4; 2006 SL No. 207 s 26 om 2008 SL No. 21 s 9 Restrictions on grant of commercial wildlife harvesting licences s 15 amd 2006 SL No. 207 s 26; 2010 SL No. 94 s 3 Restriction on taking whole least concern plant in the wild prov hdg amd 2005 SL No. 136 s 4 s 17 amd 2005 SL No. 136 s 4 Restriction on grant of commercial wildlife harvesting licence for whole protected plant s 18 amd 2005 SL No. 136 s 4; 2010 SL No. 94 s 4 Restriction on taking particular protected plant parts s 21 amd 2005 SL No. 136 s 4 General requirements for taking protected plant parts s 22 amd 2001 SL No. 113 s 3 Labelling of certain protected plant parts s 24 amd 2001 SL No. 113 s 4 Restrictions on grant of recreational wildlife harvesting licence s 26 amd 2006 SL No. 207 s 26 Restrictions on grant of damage mitigation permit s 31 amd 2010 SL No. 94 s 5 Particular plants for sale to be tagged s 32 amd 2001 SL No. 113 s 5 Protected plant parts to be tagged s 33 amd 2001 SL No. 113 s 6 When official tag may be removed s 34 amd 2001 SL No. 113 s 7; 2006 SL No. 207 s 27 Movement of protected plants taken under commercial wildlife harvesting licence s 35 amd 2001 SL No. 113 s 8 Declaration of harvest period s 37 amd 2001 SL No. 113 s 9 Purpose of pt 4 s 40 amd 2008 SL No. 21 s 10 Exemption for requirement for clearing permit s 41 amd 2005 SL No. 136 s 4; 2012 SL No. 172 s 3 Exemption for taking or using least concern plant for timber or mulch prov hdg amd 2005 SL No. 136 s 4 s 42 amd 2005 SL No. 136 s 4 Page 56 Current as at 5 October 2012

Nature Conservation (Protected Plants) Conservation Plan 2000 Endnotes Exemption for taking or using marine plant s 43 amd 2005 SL No. 136 s 4 Exemption for taking or using particular plants for grazing activities s 44 amd 2005 SL No. 136 s 4 Exemption for taking protected plant parts for sick, injured or orphaned wildlife s 45 amd 2003 SL No. 375 s 33 sch; 2005 SL No. 136 s 4 Authorisation for taking protected plant parts for identification s 47 amd 2005 SL No. 136 s 4; 2010 SL No. 94 s 6 Authorisation for taking or using whole least concern plant for personal or recreational use prov hdg amd 2005 SL No. 136 s 4 s 49 amd 2005 SL No. 136 s 4 Authorisation for taking protected plant for conservation or revegetation program s 50 amd 2005 SL No. 136 s 4; 2010 SL No. 94 s 7 Authorisation for taking plant for educational or scientific purposes s 51 amd 2005 SL No. 136 s 4; 2010 SL No. 94 s 8 Authorisation for Australian Defence Forces taking and using least concern plants prov hdg amd 2005 SL No. 136 s 4 s 52 amd 2005 SL No. 136 s 4 Keeping records prov hdg sub 2007 SL No. 253 s 5(1) s 54 amd 2003 SL No. 375 s 33 sch; 2006 SL No. 207 s 28; 2007 SL No. 253 s 5(2)–(4) Return of operations—wildlife harvesting licences s 55 prov hdg amd 2001 SL No. 113 s 10 SCHEDULE 3—DICTIONARY def “protected plant” amd 2005 SL No. 136 s 4; 2010 SL No. 94 s 9 def “recovery plan” sub 2006 SL No. 207 s 29(1)–(2) def “regulation” om 2006 SL No. 207 s 29(1) def “wildlife management regulation” ins 2006 SL No. 207 s 29(2) © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 5 October 2012 Page 57