Australian Capital Territory Numbered Acts

NATURE CONSERVATION (AMENDMENT) ACT (NO. 110 OF 1994) - SECT 10

10. Section 42 of the Principal Act is amended—

    (a)     by omitting from subsection (1) “a permit or licence, pick” and substituting “a licence, take”;

    (b)     by omitting from paragraph (1) (b) “restricted plant wildlife” and substituting “a protected native plant”;

    (c)     by omitting from paragraph (1) (c) “wildlife” and substituting “a native plant”;

    (d)     by omitting subsection (2) and substituting the following subsection:

“(2) Subsection (1) does not apply where—

        (a)     an occupier of land not in a built-up area—

              (i)     cultivates a protected native plant on the land; or

              (ii)     takes seeds from a protected native plant growing on the land for the purposes of cultivating such a plant on the land;

        (b)     an occupier of land takes a protected native plant growing on the land which had been planted or caused to be planted by the occupier;

        (c)     a person takes seeds for domestic use from a native plant (other than a plant having special protection status or a protected native plant) growing on unleased land;

        (d)     an occupier of land in a built-up area takes a protected native plant growing on the land;

        (e)     an occupier of land outside any built-up area takes a protected native plant in the course of preparing or using the land for primary production in accordance with the lease or licence under which the land is occupied; or

        (f)     a conservation officer or public servant takes a native plant in the performance of his or her functions.”;

    (e)     by omitting subsection (3); and

    (f)     by omitting subsection (5) and substituting the following subsection:

“(5) In this section—

‘cultivates', in relation to a native plant, means sowing its seeds, fertilising it, applying chemicals to it or trimming, lopping or digging it up—

        (a)     for a purpose reasonably beneficial to the plant, or to a protected native plant growing in close proximity; or

        (b)     for the purpose of its propagation;

‘native plant' does not include native timber;

‘protected native plant' does not include native timber.”.