Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 142

    (1)     A person commits an offence if—

        (a)     the person takes a plant; and

        (b)     the plant is a protected native species.

Maximum penalty: 50 penalty units.

Note     Protected native species"—see  s 110.
"Take —see  s 126.

    (2)     This section does not apply to a person if the person—

        (a)     is a public servant exercising a function as a public servant; or

        (b)     is an occupier of land outside a built-up urban area and the person—

              (i)     takes the plant in the course of cultivating the plant on the land; or

              (ii)     takes seeds from a plant growing on the land to cultivate the plant on the land; or

        (c)     is an occupier of land and the plant—

              (i)     is growing on the land; and

              (ii)     was planted by the person; or

        (d)     is an occupier of land in a built-up urban area and the plant is growing on the land; or

        (e)     is an occupier of land outside a built-up urban area and the person takes the plant in the course of using the land for primary production in accordance with the purpose authorised by the lease; or

        (f)     is authorised to take the plant under a development approval under the Planning Act 2023

, chapter 7.

Note 1     Built-up urban area —see  s 139.

Note 2     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     A person also has the benefit of the chapter 6 exceptions for an offence against this section.

Note     The chapter 6 exceptions are set out in s 153.