Victorian Current Acts Victorian Current Acts(1) A person must not take, trade in, keep, move or process protected flora (other than a member of restricted use protected flora) if that activity has caused or is likely to cause a significant detrimental impact on the taxon of flora or community of flora or fauna of which the protected flora is a member or part, unless an exception in subsection (2) applies.
Penalty: In the case of a natural person, 240 penalty units or 2 years imprisonment 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 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 protected flora were taken from private land, the person—
(i) is the landowner or a person given permission by the landowner to take the protected flora; and
(ii) did not take the protected flora for the purposes of sale or has not sold or offered the protected flora for sale;
(c) the protected flora were propagated from protected flora which had been lawfully obtained and kept;
(d) the person has accidentally taken the protected flora despite exercising reasonable care not to take the protected flora;
(e) the person is a public authority that is carrying out an activity referred to in subsection (1) in accordance with a public authority management agreement that provides for the carrying out of that activity.
S. 48 amended by No. 76/1998 s. 9(i), substituted by No. 28/2019 s. 23.