NATURE CONSERVATION ACT 1992 - SECT 90 Restriction on using particular protected plants NATURE CONSERVATION ACT 1992 - SECT 90 Restriction on using particular protected plants 90 Restriction on using particular protected plants (1) Subject to section 93 , a person, other than an authorised person, must not use a protected plant, other than under— (a) a licence, permit or other authority issued or given under a regulation; or (b) an exemption under a regulation. Penalty— Maximum penalty— (a) for a class 1 offence—1,000 penalty units; or (b) for a class 2 offence—165 penalty units. (2) In this section— "class 1 offence" means an offence against this section that involves 1 or more plants that are threatened, near threatened or special least concern wildlife. "class 2 offence" means an offence against this section other than a class 1 offence.