Queensland Consolidated Regulations

NATURE CONSERVATION (PLANTS) REGULATION 2020

- Made under the Nature Conservation Act 1992
- As at 6 September 2024
- Reg 137 of 2020

TABLE OF PROVISIONS

CHAPTER 1 - INTRODUCTION

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - INTERPRETATION

   3.      Definitions
   4.      Meaning of trade
   5.      Meaning of relevant person
   6.      Meaning of whole of plant
   7.      References to classes of wildlife
   8.      Scientific names
   9.      References relating to plant authorities
   9A.     Rounding of amounts expressed as numbers of fee units

   PART 3 - APPLICATION OF REGULATION

   10.     Protected areas

CHAPTER 2 - CLASSIFICATION OF PLANTS, DECLARED MANAGEMENT INTENT AND CONSERVATION VALUES

   PART 1 - PRELIMINARY

   11.     Purpose of chapter

   PART 2 - PROTECTED WILDLIFE

   12.     Extinct wildlife
   13.     Extinct in the wild wildlife
   14.     Critically endangered wildlife
   15.     Endangered wildlife
   16.     Vulnerable wildlife
   17.     Near threatened wildlife
   18.     Least concern wildlife

   PART 3 - SPECIAL LEAST CONCERN PLANTS

   19.     Special least concern plants

   PART 4 - CONSERVATION VALUES FOR PROTECTED PLANTS

   20.     Conservation value for classes of protected plants

CHAPTER 3 - DEALING WITH PROTECTED PLANTS UNDER EXEMPTIONS

   PART 1 - GENERAL EXEMPTIONS FOR TAKING PROTECTED PLANTS

           Division 1 - Preliminary

   21.     Exemption for taking protected plants—Act, s 89

           Division 2 - Exemptions

   22.     Avoiding or reducing risk of death or serious injury to a person
   23.     Avoiding or reducing risk of serious damage to buildings or property
   24.     Particular persons acting under Fire Services Act 1990

   PART 2 - GENERAL EXEMPTIONS FOR USING PROTECTED PLANTS

           Division 1 - Preliminary

   25.     Exemption for using protected plants—Act, s 90

           Division 2 - Exemptions

   26.     Landholders gaining benefit
   27.     Particular persons using protected plants for personal use
   28.     Particular persons using protected plants for trade
   29.     Propagated whole restricted plants
   30.     Cultivated parts of restricted plants

   PART 3 - GENERAL EXEMPTIONS FOR TAKING AND USING PROTECTED PLANTS

           Division 1 - Preliminary

   31.     Exemption for taking and using protected plants—Act, ss 89 and 90

           Division 2 - Taking and using generally

   32.     Least concern plants, other than special least concern plants, taken for use of plant
   33.     Marine plants that are special least concern plants
   34.     Queensland Herbarium employees
   35.     Members of Australian Defence Force
   36.     Conservation or revegetation program
   37.     Grazing activities on private land
   38.     Grazing activities on State-related land

           Division 3 - Taking and using parts of protected plants

   39.     Identification, educational or scientific purpose
   40.     Parts of protected plants, other than critically endangered plants or endangered plants, taken with landholder’s approval
   41.     Fodder on private land
   42.     Fodder on State-related land
   43.     Sick, injured or orphaned protected animals
   44.     Operational salvage

           Division 4 - Taking by clearing and use

   45.     Least concern plants taken by clearing
   46.     Areas other than high risk areas—proponent for particular projects
   47.     Areas other than high risk areas—other persons
   48.     High risk areas
   49.     Particular maintenance activities
   50.     Firebreaks or fire management lines
   51.     Compliance with accepted development vegetation clearing code
   52.     Authority under another law
   53.     Conservation purposes
   54.     Area already cleared—particular permits
   55.     Area already cleared—high risk areas
   56.     Area already cleared—authority under another law

   PART 4 - OTHER EXEMPTIONS

   57.     Exemption for taking and using protected plants under particular authority or lease—Act, ss 89 and 90
   58.     Exemption for using protected plant registered under Plant Breeder’s Rights Act 1994 (Cwlth)—Act, s 90

CHAPTER 4 - DEALING WITH PLANTS UNDER PLANT AUTHORITIES

   PART 1 - PRELIMINARY

   59.     Purpose of chapter
   60.     Inconsistency between authority provisions and conservation plan

   PART 2 - PROVISIONS APPLYING TO ALL PLANT AUTHORITIES

           Division 1 - General limitation on authorities

   61.     Plants must be lawfully obtained

           Division 2 - General conditions

              Subdivision 1 - Preliminary

   62.     Purpose of division

              Subdivision 2 - Inspection of authorities

   63.     Plant authority must be available for inspection

              Subdivision 3 - Notification of changes

   64.     Notification of particular changes

              Subdivision 4 - Buying, accepting, receiving, selling and giving away plants

   65.     Buying, accepting and receiving plants
   66.     Selling and giving away plants

              Subdivision 5 - Restriction on monitoring plots

   67.     Restricted plants not to be taken from another monitoring plot

   PART 3 - PROTECTED PLANT GROWING LICENCES

           Division 1 - Grant and restrictions on grant

   68.     Grant of licence
   69.     General restrictions on grant
   70.     Restriction on grant of licence to take seed or propagative material from particular restricted plants

           Division 2 - Activities authorised under licence

   71.     Taking restricted plants

           Division 3 - Conditions

   72.     Purpose of division
   73.     Way plant to be taken
   74.     Taking of plant during harvest period
   75.     Compliance with sustainable harvest plan
   76.     Taking plant to sell or give away

   PART 4 - PROTECTED PLANT HARVESTING LICENCES

           Division 1 - Grant and restrictions on grant

   77.     Grant of licence
   78.     Restrictions on grant

           Division 2 - Activities authorised under licence

   79.     Taking and using plants

           Division 3 - Conditions

   80.     Purpose of division
   81.     Way plant to be taken
   82.     Taking of plant during harvest period
   83.     Compliance with sustainable harvest plan
   84.     Information about monitoring plot for research and monitoring condition

   PART 5 - PROTECTED PLANT CLEARING PERMITS

           Division 1 - Preliminary

   85.     Purpose of part

           Division 2 - Grant and restrictions on grant

   86.     Grant of permit
   87.     General restrictions on grant
   88.     Restriction on grant of permit in relation to particular areas

           Division 3 - Activities authorised under permit

   89.     Taking and using plants

   PART 6 - ABORIGINAL TRADITION AUTHORITIES

           Division 1 - Grant and restrictions on grant

   90.     Grant of authority
   91.     Restrictions on grant

           Division 2 - Activities authorised under authority

   92.     Taking and using plants

   PART 7 - AILAN KASTOM AUTHORITIES

           Division 1 - Grant and restrictions on grant

   93.     Grant of authority
   94.     Restrictions on grant

           Division 2 - Activities authorised under authority

   95.     Taking and using plants

CHAPTER 5 - MANAGING PLANT AUTHORITIES

   PART 1 - RESTRICTIONS ON GRANT FOR ALL AUTHORITIES

   96.     Restrictions on grant

   PART 2 - APPLICATIONS FOR AUTHORITIES

           Division 1 - Making applications

   97.     Requirements for application
   98.     Chief executive may require sustainable harvest plan

           Division 2 - Suitability

   99.     Purpose of division
   100.    Definitions for division
   101.    Suitability based on convictions
   102.    Suitability based on other matters
   103.    Accumulation of demerit points

           Division 3 - Considering applications

   104.    Matters chief executive must consider
   105.    Chief executive may require further information or document
   106.    Approval of sustainable harvest plan
   107.    Amending application

           Division 4 - Deciding applications

   108.    Chief executive to decide application
   109.    Steps to be taken after application decided

   PART 3 - FORM OF AUTHORITIES

   110.    Form
   111.    Matters to be stated in plant authority
   112.    Stating species in plant authority
   113.    Plant authority may be limited to whole plants or parts of plants
   114.    Meaning of number in plant authority

   PART 4 - TERM OF AUTHORITIES

   115.    Term of plant authority

   PART 5 - AMENDMENT, SUSPENSION OR CANCELLATION OF AUTHORITIES

           Division 1 - Minor amendments

   116.    Minor amendments by chief executive

           Division 2 - Amendments by application

   117.    Application for amendment
   118.    Considering and deciding application
   119.    Steps to be taken after application decided

           Division 3 - Non-immediate amendments by chief executive

   120.    Grounds for amendment
   121.    Procedure for amendment

           Division 4 - Immediate amendment or suspension by chief executive

   122.    Safety and conservation grounds

           Division 5 - Non-immediate suspension or cancellation by chief executive

   123.    Grounds
   124.    Procedure

           Division 6 - Return of authorities

   125.    After amendment
   126.    After suspension
   127.    After cancellation

   PART 6 - REPLACEMENT AND SURRENDER OF AUTHORITIES

   128.    Replacement
   129.    Surrender

CHAPTER 6 - MATTERS AFFECTING THE TAKING OF PROTECTED PLANTS

   PART 1 - HARVEST PERIODS

   130.    Declaration of harvest period

   PART 2 - FLORA SURVEYS

           Division 1 - Preliminary

   131.    Purpose of part
   132.    Meaning of high risk area
   133.    Meaning of clearing impact area
   134.    Agreed buffer zone for area to be cleared

           Division 2 - Flora survey trigger map

   135.    What is the flora survey trigger map
   136.    Reviewing and amending map
   137.    Public availability of map
   138.    Period of validity of copy of map
   139.    Checking map

           Division 3 - Flora surveys and flora survey reports

   140.    What is a flora survey and flora survey report
   141.    When flora survey is required
   142.    Chief executive may make flora survey guidelines
   143.    Alternative survey methodology for flora survey or flora survey report
   144.    False or misleading information in flora survey report

CHAPTER 7 - OTHER OFFENCES

   PART 1 - PLANT AUTHORITIES

   145.    Compliance with conditions of plant authority

   PART 2 - CODE OF PRACTICE

   146.    Compliance with plant exemptions code

   PART 3 - PROTECTED PLANTS

   147.    Procedure if particular whole restricted plant stolen
   148.    Dealing with part of protected plant taken for identification, educational or scientific purpose

   PART 4 - NON-NATIVE PLANTS

   149.    Spreading or releasing particular parts of non-native plants

CHAPTER 8 - RECORDS, TAGS AND LABELS

   PART 1 - RECORDS

           Division 1 - Preliminary

   150.    Purpose of part
   151.    Approved person may keep records

           Division 2 - Records to be kept by holders of plant authorities

              Subdivision 1 - Keeping records

   152.    Protected plant harvest record for particular restricted plants
   153.    Protected plant trade record for particular restricted plants
   154.    Record about buying or accepting restricted plant
   155.    Record about selling or giving away restricted plant
   156.    Relevant person may keep record for holder of plant authority

              Subdivision 2 - Requirements for protected plant harvest records and protected plant trade records

   157.    Application of subdivision
   158.    Information must be complete, accurate and legible
   159.    How records must be kept
   160.    Where records or copies must be kept
   161.    How long records or copies must be kept
   162.    When information must be included in record

           Division 3 - Other offences for records required to be kept under Act

   163.    Notice of theft, loss or destruction of, or damage to, particular records
   164.    Tampering with records

   PART 2 - TAGS

           Division 1 - Supply of tags

   165.    Chief executive may supply tags for use
   166.    Nature of tags supplied by chief executive

           Division 2 - Attaching tags

   167.    Attaching tag to particular whole restricted plants

           Division 3 - Requirements for tags

   168.    Using tags generally
   169.    Tags not to be used by unauthorised person
   170.    Tampering with official tags
   171.    Recall of tags supplied by chief executive

   PART 3 - LABELS

           Division 1 - Preliminary

   172.    Purpose of part

           Division 2 - Attaching labels

   173.    Protected plant harvest label for particular restricted plants
   174.    Protected plant trade label for particular restricted plants
   175.    Label for particular restricted plants sold, exchanged or given away, or moved, outside State

           Division 3 - Requirements for labels

   176.    False or misleading information in particular labels
   177.    Removing particular labels about harvest of restricted plants

CHAPTER 9 - FEES

   PART 1 - FEES PAYABLE

   178.    Application of chapter
   179.    Fees generally
   180.    Concessional fee for application for particular plant authorities

   PART 2 - EXEMPTION FROM PLANT AUTHORITY FEES

   181.    Application for fee exemption
   182.    Considering and deciding application for fee exemption
   183.    Steps to be taken after application for fee exemption decided
   184.    Effect of grant of fee exemption

   PART 3 - REFUND OF FEES

   185.    Refund of fees

CHAPTER 10 - MISCELLANEOUS

   186.    Processed products—Act, schedule, definition protected plant
   187.    (Repealed)

CHAPTER 11 - (Repealed)

CHAPTER 12 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR SL NO. 137 OF 2020

           Division 1 - Preliminary

   208.    Definitions for part

           Division 2 - Existing wildlife authorities for plants

   209.    Existing wildlife authorities for plants continued
   210.    Existing amendments or suspensions continued
   211.    Term of transitioned authorities
   212.    Existing fee exemptions continued

           Division 3 - Existing applications for wildlife authorities for plants and internal review

   213.    Undecided applications for wildlife authorities
   214.    Undecided applications or entitlements for internal or external review

           Division 4 - Record keeping and supplied tags

   215.    Particular existing records
   216.    Supplied tags
   217.    Approvals about use or transfer of tags
   218.    Undecided applications for tags

           Division 5 - Matters relating to clearing

   219.    Existing agreements by chief executive for buffer zone for clearing impact area
   220.    Existing agreements by chief executive for alternative survey methodology
   221.    Continuation of existing flora surveys
   222.    Continuation of existing flora survey reports
   223.    Existing copy of flora survey trigger map

           Division 6 - Other matters

   224.    Other undecided applications, invitations, requests, notices and notifications
   225.    Seized things

           Division 7 - References in documents

   226.    References to repealed regulations

   PART 2 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2021

   227.    Continuing application of former s 102 to existing applications

   PART 3 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2022

   228.    Existing demerit points continue
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5