South Australian Current Acts

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 49A

49A—Permits for commercial purposes

        (1)         The Minister may, by notice published in the Gazette and on a website determined by the Minister—

            (a)         declare that this section applies to, and in relation to, a species of plant; and

            (b)         vary or revoke a declaration referred to in paragraph (a).

        (2)         Where this section applies to, and in relation to, a species of plant, the Minister must prepare draft recommendations in relation to the following matters:

            (a)         the effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part; and

            (b)         the need for research in relation to that species; and

            (c)         the identification of plants and plant products; and

            (d)         any other matters that should, in the opinion of the Minister be addressed,

and must make the recommendations available to the public for at least three months for comment before adoption by the Minister.

        (3)         Before adopting the draft recommendation, the Minister must have regard to comments (if any) made by members of the public and may, if the Minister thinks fit, vary the recommendations to take account of those comments.

        (4)         Recommendations adopted by the Minister must be published in the Gazette and on a website determined by the Minister and may be revoked or varied by further recommendations prepared by the Minister in accordance with this section.

        (5)         The taking and sale of plants of a species to which this section applies for commercial purposes pursuant to a permit under section 49 is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit.

        (6)         Restrictions and conditions imposed by regulation must implement recommendations adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned.

        (7)         Where a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken pursuant to the permit were taken.