NATURE CONSERVATION ACT 1992 - SECT 89 Restriction on taking etc. particular protected plants

NATURE CONSERVATION ACT 1992 - SECT 89

89 Restriction on taking etc. particular protected plants

(1) Subject to section 93 , a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under—

(a) a conservation plan applicable to the plant; or

(b) a licence, permit or other authority issued or given under a regulation; or

(c) an exemption under a regulation.

Penalty—

Maximum penalty—

(a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or

(b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or

(c) for a class 3 offence—225 penalty units; or

(d) for a class 4 offence—165 penalty units.

(2) Subsection (1) does not apply to the taking of protected plants in a protected area.

(3) It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that—

(a) the taking happened in the course of a lawful activity that was not directed towards the taking; and

(b) the taking could not have been reasonably avoided.

(4) A person must not use or keep a protected plant that has been taken in contravention of subsection (1) .

Penalty—

Maximum penalty—

(a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or

(b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or

(c) for a class 3 offence—225 penalty units; or

(d) for a class 4 offence—165 penalty units.

(5) In this section—


"class 1 offence" means an offence against this section that involves—

(a) 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or

(b) 5 or more plants that are vulnerable or near threatened wildlife; or

(c) 10 or more plants that are special least concern wildlife.

"class 2 offence" means an offence against this section that is not a class 1 offence and involves—

(a) 3 or 4 plants that are vulnerable or near threatened wildlife; or

(b) 4 or more, but no more than 9, plants that are special least concern wildlife.

"class 3 offence" means an offence against this section that is not a class 1 or class 2 offence and involves—

(a) 1 or 2 plants that are vulnerable or near threatened wildlife; or

(b) 2 or 3 plants that are special least concern wildlife.

"class 4 offence" means an offence against this section other than a class 1, 2 or 3 offence.