Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 47

Offences relating to protected flora

47. Offences relating to protected flora



(1) A person must not take, trade in, keep, move or process protected flora
without a licence or permit or unless authorised by Order of the Governor in
Council published in the Government Gazette.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply to the taking of flora by a person if that
person-

   (a)  has accidentally taken that flora and has exercised reasonable care
        not to take that flora; or

   (b)  in the case of flora taken from private land, other than land which is
        part of the critical habitat of the flora, is the owner of the land or
        person who has been granted a lease by the owner of the land from
        which the flora is taken and has not taken that flora for the purposes
        of sale or sold or offered that flora for sale; or





   (c)  in the case of flora taken from private land, other than land which is
        part of the critical habitat of the flora, is allowed to take that
        flora by the owner of the land or person who has been granted a lease
        by the owner of the land from which that flora is taken and has not
        taken that flora for the purposes of sale or sold or offered that
        flora for sale; or

   (d)  takes flora propagated from flora which has been lawfully obtained and
        kept.

(3) Where the taking, trading in, keeping, moving or processing of protected
flora is authorised by Order of the Governor in Council, a person must not
take, trade in, keep, move or process that flora in contravention of the terms
and conditions fixed in that Order.

Penalty: 40 penalty units.