Biodiversity Conservation Act 2016

Despite section 167(3), the property in flora taken under a licence to take flora, or an authorisation under section 40, on condition that flora propagated from the flora taken is to be re‑established on Crown land continues to be vested in the State unless the Minister makes an order under subsection (3).

Despite section 167(3), the property in flora taken under a contract to which the Forest Products Act 2000 Part 8 applies continues to be vested in the State until the flora is sold, and payment for it is received by the Forest Products Commission, under that Act.

The Minister may, by order, declare that the property in flora of a kind referred to in subsection (1) ceases to be vested in the State.

An order made under subsection (3) must specify the time at which property ceases to be vested in the State.

Section 258 applies to an order made under subsection (3).