New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.2

2.2 Picking plants

(1) A person who picks--

(a) a plant that is of a threatened species, or

(b) a plant that is part of a threatened ecological community, or

(c) a protected plant,

is guilty of an offence.

: Maximum penalty (includes additional penalty for each plant)--

(a) in the case of a plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)--Tier 1 monetary penalty or imprisonment for 2 years, or both, or

(b) in the case of a plant that is (or is part of) a vulnerable species or vulnerable ecological community--Tier 3 monetary penalty, or

(c) in any other case--Tier 4 monetary penalty.

(2) In any prosecution for an offence under this section, proof that a plant was found in the possession of the person charged is prima facie evidence that the person picked the plant.