Victorian Current Acts

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FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 48

Licence or permit to take, trade in, keep, move or process protected flora

    (1)     The Secretary may issue a licence to take (other than for the purpose of controlling), trade in, keep, move or process protected flora.

    (2)     The Secretary may issue a permit to take, trade in, keep, move or process protected flora.

    (3)     In deciding whether or not to issue a licence or permit under this section, the Secretary must take into account the prescribed criteria for making that decision.

    (4)     The Secretary must not issue a licence or permit for the taking, trading, keeping, moving or processing of protected flora if, in the opinion of the Secretary, to do so would threaten the conservation of the taxon of flora or any community of flora or fauna of which the protected flora is a member or part.

    (5)     The Secretary must not issue a permit for the taking of members of a listed taxon of flora for the purpose of control, unless the Secretary is of the opinion that the listed taxon of flora is a serious cause of injury to property, crops, stock or to another listed taxon of flora or fauna or a listed community of flora or fauna.

Note

There are general provisions relating to licences and permits in Part 6.

S. 48A inserted by No. 62/2010 s. 113, amended by No. 4/2013 s. 32(1), repealed by No. 67/2016 s. 30(3), new  s. 48A inserted by No. 28/2019 s. 23.



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