Nature Conservation (Protected Plants Harvest Period) Notice 2010

Queensland Nature Conservation Act 1992 Nature Conservation (Protected Plants Harvest Period) Notice 2010 Reprinted as in force on 1 April 2010 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2011 SL No. 28 s 11

Information about this reprint This notice is reprinted as at 1 April 2010. This page is specific to this reprint. 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 with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). 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 Harvest Period) Notice 2010 Contents Part 1 1 2 3 Part 2 4 Part 3 5 6 7 Part 4 8 9 10 Part 5 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Harvest period for protected plants Harvest period for protected plants . . . . . . . . . . . . . . . . . . . . . . . 4 Limitations and conditions applying to whole protected plants Limitation on application of harvest period for least concern plants ......................................... 5 Condition on taking least concern plants under contingent salvage ........................................ 5 Limitation on application of harvest period for other protected plants ......................................... 7 Limitations and conditions applying to protected plant parts Limitation on application of harvest period for particular protected plant parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Condition on taking sandalwood from State land . . . . . . . . . . . . . 8 Condition on taking sandalwood from other land . . . . . . . . . . . . . 8 Expiry Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Endnotes 1 2 3 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 9

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Contents 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Page 2

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 1 Preliminary [s 1] Nature Conservation (Protected Plants Harvest Period) Notice 2010 [reprinted as in force on 1 April 2010] Part 1 Preliminary 1 Short title This notice may be cited as the Nature Conservation (Protected Plants Harvest Period) Notice 2010 . 2 Commencement This notice commences on 1 April 2010. 3 Definitions In this notice— bioprospecting activity means an activity that— (a) is a bioprospecting activity within the meaning given by the Nature Conservation (Protected Plants) Conservation Plan 2000 , schedule 3; and (b) is not an activity for which a collection authority is required under the Biodiscovery Act 2004 . commercial wildlife harvesting licence means a commercial wildlife harvesting licence granted under the Nature Conservation (Administration) Regulation 2006 , section 29(1)(a). contingent salvage see the Nature Conservation (Protected Plants) Conservation Plan 2000 , schedule 3. Reprint 1 effective 1 April 2010 Page 3

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 2 Harvest period for protected plants [s 4] harvest period means the harvest period declared under section 4. protected plant means a plant that is endangered wildlife, vulnerable wildlife, rare wildlife, near threatened wildlife or least concern wildlife. protected plant part includes the bark, bud, chemical, exudate, flower, foliage, fruit, gall, genetic material, gum, oil, phyllode, resin, rhizome, root, seed, spore, stem, and any other structural component or constituent, of a protected plant. salvage see the Nature Conservation (Protected Plants) Conservation Plan 2000 , schedule 3. sandalwood means a plant of the species Santalum lanceolatum . State land see the Nature Conservation (Protected Plants) Conservation Plan 2000 , schedule 3. stock plant means a plant taken in the wild for providing propagating material by— (a) dividing the plant; or (b) removing the seed, cuttings or propagating material from the plant. whole , for a protected plant, includes— (a) a seedling, but not an ungerminated seed; and (b) if a person divides a plant into 1 or more viable plants—each viable plant. Part 2 Harvest period for protected plants 4 Harvest period for protected plants A harvest period for all protected plants— Page 4 Reprint 1 effective 1 April 2010

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 3 Limitations and conditions applying to whole protected plants [s 5] (a) starts at the beginning of 1 April 2010; and (b) ends at the end of 31 March 2011. Part 3 Limitations and conditions applying to whole protected plants 5 Limitation on application of harvest period for least concern plants (1) The harvest period applies to the taking, for a commercial purpose, of a whole protected plant that is least concern wildlife if the plant is taken— (a) as a stock plant; or (b) under contingent salvage; or (c) for a bioprospecting activity. (2) The harvest period applies to the taking, for other than a commercial purpose, of a whole protected plant that is least concern wildlife of the genus Microsorum if the plant is taken under contingent salvage. 6 Condition on taking least concern plants under contingent salvage (1) A whole protected plant that is least concern wildlife may be taken under contingent salvage, during the harvest period, only if the following conditions are complied with— (a) the land from which the plant is taken is being, or will be, cleared— (i) for conducting an activity under a mining lease under the Mineral Resources Act 1989 ; or (ii) for a government infrastructure project; or Reprint 1 effective 1 April 2010 Page 5

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 3 Limitations and conditions applying to whole protected plants [s 6] (iii) to harvest a timber plantation; or (iv) under a development approval under the Sustainable Planning Act 2009 ; (b) the person taking the whole protected plant has an approved salvage plan for the land. (2) In this section— approved salvage plan , for land, means a plan that— (a) includes the following— (i) a description and map of the land; (ii) a declaration from the landholder that the land will be cleared; (iii) a description of the development or activity for which the land will be cleared; (iv) a copy of any necessary licence, permit or other authority required for the development or activity under an Act; (v) if the land does not include remnant vegetation under the Vegetation Management Act 1999— enough information to show that the land does not include remnant vegetation under that Act; (vi) if subparagraph (v) does not apply—enough information to show that the clearing of the land is authorised under the Sustainable Planning Act 2009 ; and (b) is approved by the chief executive. government infrastructure project means a project relating to the provision of infrastructure or utilities by or for the Commonwealth, the State or a local government carried out under an Act, including, for example— (a) the construction of a facility for telecommunications under the Telecommunications Act 1997 (Cwlth); or (b) the carrying out of works on an easement under the Page 6 Reprint 1 effective 1 April 2010

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 4 Limitations and conditions applying to protected plant parts [s 7] Electricity Act 1994 ; or (c) the construction under the Local Government Act 1993 or the Local Government Act 2009 of a road controlled by a local government. 7 Limitation on application of harvest period for other protected plants (1) The harvest period applies to the taking, for a commercial purpose, of a whole protected plant that is endangered wildlife, vulnerable wildlife, rare wildlife or near threatened wildlife only if the plant is taken— (a) as a stock plant; or (b) for a bioprospecting activity. (2) The harvest period applies to the taking, for other than a commercial purpose, of a whole protected plant that is endangered wildlife, vulnerable wildlife, rare wildlife or near threatened wildlife. Part 4 Limitations and conditions applying to protected plant parts 8 Limitation on application of harvest period for particular protected plant parts The harvest period applies to the taking of a protected plant part for a plant of the genus Microsorum if the protected plant part is taken— (a) under salvage; or (b) for a bioprospecting activity. Reprint 1 effective 1 April 2010 Page 7

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Part 5 Expiry [s 9] 9 Condition on taking sandalwood from State land (1) No more than 500t of protected plant parts of sandalwood may be taken from all State land, during the harvest period, under all commercial wildlife harvesting licences. (2) The portion of the 500t that may be taken under a particular commercial wildlife harvesting licence is the weight stated on the licence for protected plant parts of sandalwood authorised to be taken from land that is State land. (3) In this section, a reference to the protected plant parts of sandalwood does not include— (a) dead material or stumps of sandalwood; and (b) protected plant parts of sandalwood taken under salvage. 10 Condition on taking sandalwood from other land (1) No more than 50t of protected plant parts of sandalwood may be taken from all land other than State land, during the harvest period, under all commercial wildlife harvesting licences. (2) The portion of the 50t that may be taken under a particular commercial wildlife harvesting licence is the weight stated on the licence for protected plant parts of sandalwood authorised to be taken from land that is not State land. (3) In this section, a reference to the protected plant parts of sandalwood does not include— (a) dead material or stumps of sandalwood; and (b) protected plant parts of sandalwood taken under salvage. Part 5 Expiry 11 Expiry This notice expires on 31 March 2011. Page 8 Reprint 1 effective 1 April 2010

Nature Conservation (Protected Plants Harvest Period) Notice 2010 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Nature Conservation (Protected Plants Harvest Period) Notice 2010 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 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 Reprint 1 effective 1 April 2010 Page 9

Nature Conservation (Protected Plants Harvest Period) Notice 2010 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 Amendments included none Effective 1 April 2010 Notes 5 List of legislation Nature Conservation (Protected Plants Harvest Period) Notice 2010 SL No. 45 made by the chief executive on 12 March 2010 notfd gaz 19 March 2010 pp 671–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2010 (see s 2) exp 31 March 2011 (see s 11) © State of Queensland 2011 Page 10 Reprint 1 effective 1 April 2010