Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 48

Authorisation to take, trade in, keep, move or process protected flora

48. Authorisation to take, trade in, keep, move or process protected flora



(1) The Secretary may issue a licence to take (except for the purpose of
controlling), trade in, keep, move or process protected flora.

(2) The Secretary may issue a permit to take, trade in, keep, move or process
protected flora.



(3) The Governor in Council may by Order published in the Government Gazette
authorise the taking (except for the purpose of controlling), trading in,
keeping, moving or processing of protected flora subject to the terms and
conditions fixed by the Governor in Council in the Order.





(4) The Secretary must not issue a licence or permit for and the Governor in
Council must not authorise the taking, trading, keeping, moving or processing
of protected flora if in the opinion of the Secretary or the Governor in
Council (as the case may be) to do so would threaten the conservation of the
taxon or community of which the flora is a member or part.

(5) The Secretary must not issue a permit for the taking of listed flora for
the purpose of control unless the Secretary is of the opinion that the flora
is a serious cause of injury to property, crops, stock or listed taxa or
communities of flora or fauna.