Nature Conservation (Plants) Regulation 2020

This section applies if the chief executive believes a plant authority should be amended or suspended—

to secure the safety of a person or a person’s property; or

to conserve or protect native wildlife.

The chief executive may decide to amend or suspend the plant authority.

If the chief executive decides to amend or suspend the plant authority, the chief executive must give the holder of the authority an information notice for the decision.

The amendment or suspension takes effect on the later of the following days—

the day the information notice is given to the holder;

the day of effect stated in the notice.

If the chief executive decides to suspend the plant authority—

the information notice must state the suspension period; and

the suspension has effect until the end of the suspension period.

However, if the chief executive decides to suspend the plant authority for the immediate protection of life or property—

subsections (3) to (5) do not apply; and

the chief executive must advise the holder about the decision; and

the suspension—

takes effect immediately after the holder is advised of the suspension; and

continues until the chief executive decides the reason for the suspension no longer exists; and

the chief executive must as soon as practicable after the suspension ends—

advise the holder that the suspension no longer applies; or

publish a notice on the department’s website advising that the suspension no longer applies.

The effect of an amendment of a plant authority under this section does not depend on the amendment being noted on the plant authority.