New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 118

118 Restriction on selling of native plant

(1) A person shall not sell a protected native plant.

Maximum penalty:

(a) 100 penalty units and an additional 10 penalty units in respect of each whole plant that was affected by or concerned in the action that constituted the offence, or

(b) imprisonment for 6 months,

or both.

(2) A person shall not be convicted of an offence arising under subsection (1) in respect of:

(a) any protected native plant that is of a class exempted from the operation of this section by the regulations, or

(b) any protected native plant that has been picked for commercial purposes in pursuance of a licence issued under section 131, or

(c) any protected native plant that has been grown in pursuance of a licence issued under section 132 and picked by or with the consent of the holder of the licence, or

(d) the sale of any protected native plant in accordance with a licence under section 132A.

(3) A person is not to be convicted of an offence arising under subsection (1) in respect of the supply of a protected native plant to another person if the person proves that the act constituting the alleged offence was not done for commercial purposes and:

(a) was done in relation to a plant that was cultivated by a person as a hobby, and

(b) both the person who supplied the plant, and the person to whom it was supplied, are persons who cultivate plants as a hobby.