Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to section 93, a person, other than an authorised person, must not take a protected plant that is in the wild unless—
(a) it is necessary and reasonable to take the plant to avoid or reduce an imminent risk of death or serious injury to a person and the taking can not reasonably be avoided or minimised; or
(b) each of the following applies—
(i) it is necessary and reasonable to take the plant to avoid or reduce an imminent risk of serious damage to a building or other structure on land, or to personal property;
(ii) if the damage is not prevented or controlled, a person may suffer significant economic loss;
(iii) the taking can not reasonably be avoided or minimised; or
(c) taking the plant is, or is a necessary part of, a measure that is—
(i) authorised under the Fire and Rescue Service Act 1990, section 53(1) or 68(1)(c); or
(ii) required under section 53(2)(j) or 69(1) of that Act; or
(d) the person takes the plant by lighting a fire that is—
(i) authorised under a notification under the Fire and Rescue Service Act 1990, section 63 or a permit granted under section 65(2) of that Act; and
(ii) necessary to reduce hazardous fuel load; or
(f) the taking of the plant is authorised under a land management agreement under the Land Act 1994; or
(g) each of the following applies—
(i) the plant is least concern wildlife;
(ii) the plant is taken other than under a relevant development activity;
(iii) taking the plant, other than under a relevant development activity, is not assessable development; or
(h) the plant is taken under—
(i) a conservation plan applicable to the plant; or
(ii) a licence, permit or other authority issued or given under a regulation; or
(iii) an exemption under a regulation.
Maximum penalty—
(a) for a class 1 offence—3000 penalty units or 2 years imprisonment; or
(b) for a class 2 offence—1000 penalty units or 1 year's imprisonment; or
(c) for a class 3 offence—225 penalty units; or
(d) for a class 4 offence—165 penalty units.
(2) Subsection (1) does not apply to the taking of protected plants in a protected area.
(3) It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that—
(a) the taking happened in the course of a lawful activity that was not directed towards the taking; and
(b) the taking could not have been reasonably avoided.
(4) A person must not use or keep a protected plant that has been taken in contravention of subsection (1).
Maximum penalty—
(a) for a class 1 offence—3000 penalty units or 2 years imprisonment; or
(b) for a class 2 offence—1000 penalty units or 1 year's imprisonment; or
(c) for a class 3 offence—225 penalty units; or
(d) for a class 4 offence—165 penalty units.
(5) In this section—
assessable development see the Sustainable Planning Act 2009, schedule 3.
building means a fixed structure that is wholly or partly enclosed by walls.
class 1 offence means an offence against this section that involves—
(a) 1 or more plants that are extinct in the wild or endangered wildlife; or
(b) 5 or more plants that are vulnerable or near threatened wildlife; or
(c) 10 or more plants that are rare wildlife.
class 2 offence means an offence against this section that is not a class 1 offence and involves—
(a) 3 or 4 plants that are vulnerable or near threatened wildlife; or
(b) 4 or more, but no more than 9, plants that are rare wildlife.
class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves—
(a) 1 or 2 plants that are vulnerable or near threatened wildlife; or
(b) 2 or 3 plants that are rare wildlife.
class 4 offence means an offence against this section other than a class 1, 2 or 3 offence.
relevant development activity means—
(a) a mining activity or a chapter 5A activity under the Environment Protection Act 1994; or
(b) geothermal exploration or any activity related to the extraction or production of geothermal energy, carried out under a geothermal exploration permit under the Geothermal Exploration Act 2004; or
(c) either of the following—
(i) an activity under the Electricity Act 1994, section 101 or 112A;
(ii) an electricity entity under that Act otherwise clearing, lopping or pruning trees under that Act; or
(d) for a State-controlled road under the Transport Infrastructure Act 1994—
(i) road works carried out on the State-controlled road; or
(ii) ancillary works and encroachments constructed, maintained, operated or conducted on the State-controlled road under section 50 of that Act; or
(e) clearing, for routine transport corridor management and safety purposes, on existing rail corridor land, new rail corridor land, non-rail corridor land or commercial corridor land (within the meaning of the Transport Infrastructure Act 1994) that is not leased on a commercial basis.