Nature Conservation (Plants) Regulation 2020

This regulation may be cited as the Nature Conservation (Plants) Regulation 2020.

This regulation commences on 22 August 2020.

The dictionary in schedule 5 defines particular words used in this regulation.

A person uses a protected plant for trade if the person—

uses the plant for gain or reward (a commercial purpose); or

uses the plant for a purpose related to a commercial purpose; or

otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward.

Examples—

• a landscape contractor using a protected plant in a landscaping job

• a nursery owner using a whole protected plant to produce other whole plants for potential sale

• a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home

• a person using seed to propagate a whole protected plant for sale

Without limiting subsection (1)(a), a person uses a plant for a commercial purpose if the person—

takes or uses the plant—

as part of a business; or

for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016; or

buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or

takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or

brings the plant, or has the plant brought, into the State for the main purpose of selling the plant.

However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.

Note—

See also sections 41(3) and 42(2).

A relevant person, for the holder of a plant authority, is—

for an Aboriginal tradition authority or Ailan Kastom authority—each person stated on the authority as a person who may take or use a plant under the authority; or

for another authority if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or

for another authority if the holder is a corporation—

the person in charge for the authority; or

an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i).

The whole of a plant includes the following—

in relation to taking a plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind;

in relation to taking a plant that propagates by creeping rhizomes—

each continuous piece of rhizome bearing living fronds; and

any removed section of joined rhizomes bearing living fronds;

if the plant is sandalwood—the trunk, a log or timber of sandalwood;

if a person divides the plant into 1 or more viable plants—each viable plant.

However, the whole of a plant does not include an ungerminated seed.

In this regulation, a reference to a plant of a particular class is a reference to a plant that is prescribed as wildlife of that class by chapter 2.

Example—

A reference to a least concern plant is a reference to a plant that is prescribed as least concern wildlife by chapter 2.

The scientific names used for plants mentioned in this regulation follow—

the names used in the most recent census of the Queensland flora and fungi—

prepared by the Queensland Herbarium; and

available on the Queensland Government Open Data Portal; orEditor’s note—

The Queensland Government Open Data Portal is at www.data.qld.gov.au.

the names accepted by the Queensland Herbarium.

A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4, parts 3 to 7 is a reference to a licence, permit or other authority of that type under chapter 5.

Example—

A reference to a protected plant growing licence is a reference to a protected plant growing licence under chapter 5.

A reference in this regulation to a plant authority for a plant is a reference to a plant authority that applies to the plant whether or not the authority applies to—

more than 1 plant; or

plants of different types or species.

This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

if the result is more than $500—to the nearest dollar (rounding one-half upwards).

Chapter 2, parts 2 and 4 and schedules 1 and 3 apply in relation to a plant in a protected area.

This regulation does not otherwise apply in relation to a plant in a protected area.

This chapter—

prescribes classes of plants for part 5, division 2 of the Act; and

provides for the declared management intent applying to each class of plant for section 72(2) of the Act; and

prescribes special least concern plants for section 88D(1) of the Act; and

prescribes the conservation value for particular plants for section 95 of the Act.