Nature Conservation (Protected Plants Harvest Period) Notice 2012

Queensland Nature Conservation Act 1992 Nature Conservation (Protected Plants Harvest Period) Notice 2012 Current as at 1 April 2012 NOTE—This is the last reprint before repeal. Repealed by 2012 SL No. 50 s 11 Repealed on 31 March 2013

Information about this reprint This notice is reprinted as at 1 April 2012. 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 2012 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 ......................................... 4 Condition on taking least concern plants under contingent salvage ........................................ 5 Limitation on application of harvest period for other protected plants .......................................... 6 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 . . . . . . . . . . . . . 7 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 2012 Contents 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Page 2

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 1 Preliminary [s 1] Nature Conservation (Protected Plants Harvest Period) Notice 2012 [reprinted as in force on 1 April 2012] Part 1 Preliminary 1 Short title This notice may be cited as the Nature Conservation (Protected Plants Harvest Period) Notice 2012 . 2 Commencement This notice commences on 1 April 2012. 3 Definitions In this notice— bioprospecting activity see the Nature Conservation (Protected Plants) Conservation Plan 2000 , schedule 3 . 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. harvest period means the harvest period declared under section 4. protected plant means a plant that is endangered wildlife, vulnerable wildlife, near threatened wildlife or least concern wildlife. Current as at 1 April 2012 Page 3

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 2 Harvest period for protected plants [s 4] 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. Part 2 Harvest period for protected plants 4 Harvest period for protected plants A harvest period for all protected plants— (a) starts at the beginning of 1 April 2012; and (b) ends at the end of 31 March 2013. 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— Page 4 Current as at 1 April 2012

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 3 Limitations and conditions applying to whole protected plants [s 6] (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 (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; Current as at 1 April 2012 Page 5

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 3 Limitations and conditions applying to whole protected plants [s 7] (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 Electricity Act 1994 ; or (c) the construction under 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 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 Page 6 Current as at 1 April 2012

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 4 Limitations and conditions applying to protected plant parts [s 8] endangered wildlife, vulnerable 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. 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. Current as at 1 April 2012 Page 7

Nature Conservation (Protected Plants Harvest Period) Notice 2012 Part 5 Expiry [s 10] 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 2013. Page 8 Current as at 1 April 2012

Nature Conservation (Protected Plants Harvest Period) Notice 2012 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 2012 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 Current as at 1 April 2012 Page 9

Nature Conservation (Protected Plants Harvest Period) Notice 2012 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 2012 Notes 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 Harvest Period) Notice 2012 SL No. 50 made by the chief executive on 20 February 2012 notfd gaz 2 March 2012 pp 682–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2012 (see s 2) exp 31 March 2013 (see s 11) © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 10 Current as at 1 April 2012