Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 84

84 Property in protected plants

(1) Subject to subsections (2) to (4) , section 86 and the provisions of any captive breeding agreement, all protected plants (other than protected plants on private land) are the property of the State.

(2) A protected plant ceases to be the property of the State if—

(a) the plant is taken under a licence, permit or other authority issued or given under a regulation; and

(b) under a regulation or conservation plan property in the plant passes from the State on that taking of the plant.

(3) A protected plant to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).

(4) The progeny of a plant to which subsection (2) applies is the property of the owner of the plant from which the progeny is propagated, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).

(5) In this section—

"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 a protected plant that is in the wild.