(2) A protected plant ceases
to be the property of the State if—
(a) the plant is taken under a licence,
permit or other authority issued or given under a regulation; and
(b) under a
regulation or conservation plan property in the plant passes from the State on
that taking of the plant.
(3) A protected plant to which subsection (2)
applies becomes the property of the holder of the authority, subject to the
rights in the plant of any other person (other than the rights of the State
under subsection (1) ).
(4) The progeny of a plant to which subsection (2)
applies is the property of the owner of the plant from which the progeny is
propagated, subject to the rights in the plant of any other person (other than
the rights of the State under subsection (1) ).
(5) In this section—
"private land" means—
(a) freehold land; or
(b) land the subject of a lease
under any Act containing an entitlement to a deed of grant in fee simple.
"protected plant" means a protected plant that is in the wild.
