Nature Conservation (Plants) Regulation 2020 (Qld)

Nature Conservation (Plants) Regulation 2020

Chapter 1 Introduction

Part 1 Preliminary

1 Short title This regulation may be cited as the Nature Conservation (Plants) Regulation 2020.

2 Commencement This regulation commences on 22 August 2020.

Part 2 Interpretation

3 Definitions The dictionary in schedule 5 defines particular words used in this regulation.

4 Meaning of trade (1) A person uses a protected plant for trade if the person— (a) uses the plant for gain or reward (a commercial purpose); or (b) uses the plant for a purpose related to a commercial purpose; or (c) otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. Examples— • a landscape contractor using a protected plant in a landscaping job • a nursery owner using a whole protected plant to produce other whole plants for potential sale • a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home • a person using seed to propagate a whole protected plant for sale (2) Without limiting subsection (1)(a), a person uses a plant for a commercial purpose if the person— (a) takes or uses the plant— (i) as part of a business; or (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016; or (b) buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or (c) takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or (d) brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. (3) However, a person does not use a protected plant for trade if the person uses the plant for the person's own personal use. Note— See also sections 41(3) and 42(2).