Victorian Current Acts Victorian Current Acts(1) A person must not take, trade in, keep, move or process a member of a restricted use protected flora for the purposes of sale or personal use if that activity causes or is likely to cause a significant detrimental impact on the restricted use protected flora, unless an exception in subsection (2) applies.
Penalty: In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;
In the case of a body corporate, 1200 penalty units.
Note
Section 3(4) sets out factors that are to be taken into account in deciding whether an activity has caused or is likely to cause a significant detrimental impact on a member of restricted use protected flora.
(2) For the purposes of subsection (1) the exceptions are as follows—
(a) the person is acting in accordance with a licence or permit under section 48 or an authorisation under section 48A;
(b) if the member of the restricted use protected flora was taken from private land, the person—
(i) is the landowner or a person given permission by the landowner to take the member; and
(ii) did not take the member for the purposes of sale or has not sold or offered the member for sale;
(c) the member of the restricted use protected flora was propagated from another member of the restricted use protected flora which had been lawfully obtained and kept;
(d) the person has accidentally taken the member of the restricted use protected flora despite exercising reasonable care not to take the member.
S. 47B inserted by No. 28/2019 s. 22.