NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 47

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 47

47—Unlawful taking of native plants

        (1)         Subject to this Part, a person must not take a native plant—

            (a)         on any reserve, wilderness protection area or wilderness protection zone; or

            (b)         on any other Crown land; or

            (c)         on any land reserved for or dedicated to public purposes; or

            (d)         on any forest reserve.

        (2)         A person must not take a native plant of a prescribed species on private land.

        (3)         A person who contravenes subsection (1) or (2) is guilty of an offence.

Maximum penalty:

In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years.

In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months.

In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months.

In any other case, $2 500 or imprisonment for 6 months.

        (4)         A person must not take a native plant on private land without the consent of the owner of the land.

Maximum penalty: $1 000.

Expiation fee: $150.

        (5)         If in proceedings for an offence against this section it is proved that the defendant was found in possession of a native plant, it will be presumed, in the absence of proof to the contrary, that the defendant took the plant in contravention of this Act.

        (6)         It is a defence to a charge of an offence against this section to prove that the act alleged against the defendant—

            (a)         was neither intentional nor negligent; or

            (b)         was done in pursuance of some statutory authority.