Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any person may, in
the prescribed form containing or accompanied by the prescribed particulars
and on payment of the prescribed fee, apply to the Minister for the issue to
him of a licence to take protected flora on Crown land —
(a) for
commercial purposes; or
(b) for
scientific purposes or any prescribed purpose,
and the Minister may
issue or refuse to issue such a licence.
(2) Subject to this
section a licence issued authorises the licence holder, subject to such terms
and conditions as are specified in the licence, to take for the purposes so
specified on such areas of Crown land as are so specified and during such
period or periods as are so specified, the classes or descriptions of
protected flora so specified.
(2a) Subject to
subsection (5), a licence is valid from the date of issue for the period
stated in the licence.
(3) Without limiting
the terms or conditions which may be included in a licence issued under this
section, the terms and conditions on which a licence to take protected flora
for commercial purposes may be granted may include terms or
conditions —
(a)
providing that flora taken under the authority of the licence be charged with
payment of royalties to the CEO by the licence holder at such rate or rates as
are specified in the terms or conditions;
(b)
requiring the licence holder to ensure that any protected flora taken pursuant
to the licence is marked, tagged or otherwise made identifiable as flora taken
by him.
(4) Any royalties
payable pursuant to the terms or conditions of a licence issued under this
section —
(a)
shall be credited by the CEO to the Nature Conservation and National Parks
Account referred to in the Conservation and Land Management Act 1984
section 68(1); and
(b) may
be sued for and recovered by the CEO as a debt due to him in his capacity as
such.
(4a) The Minister may
reduce or waive the fee payable in respect of a licence issued under this
section.
(5) The Minister may
at any time, by notice in writing served on a person to whom a licence has
been issued under this section, revoke the licence, but the revocation does
not affect any liability or obligation incurred by the person prior to the
revocation.
[Section 23C inserted by No. 86 of 1976
s. 14; amended by No. 53 of 1980 s. 2; No. 112 of 1984
s. 11; No. 49 of 1996 s. 64; No. 57 of 1997
s. 132(13) and (23); No. 28 of 2006 s. 221; No. 77 of 2006
s. 17.]