Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p15
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 15/46)
Character Range: 265824–268371

plant into, or possesses a plant, in a reserve if the plant is:
 (a) confined in a vehicle on a road; or
 (b) confined in a vessel on a watercourse.
 (4) However, subregulations (2) and (3) have no effect if the plant is a member of a species that is:
 (a) included in a list mentioned in section 301A of the Act; or
 (b) stated, in a management plan for the reserve, to be a pest species.
 (5) For subregulation (3), a plant is confined in a vehicle or vessel only if no part of the plant is capable of being spread beyond the vehicle or vessel.
 (6) An offence against subregulation (1) is an offence of strict liability.

12.21  Cultivating plants
 (1) A person must not cultivate or propagate a plant in a Commonwealth reserve.
Penalty: 30 penalty units.
 (2) Subregulation (1) does not apply to cultivating or propagating a plant:
 (a) in the Jabiru township, if the plant is:
 (i) a member of a native species; and
 (ii) of a kind included by the Director in a list of plants given by the Director to the Authority and to residents of the township; or
 (b) on land that is not in the Jabiru township, if:
 (i) the land is held under a lease or licence granted by the Director; and
 (ii) the plant may be cultivated or propagated under the lease or licence.
 (3) However, subregulation (2) has no effect if the plant is a member of a species that is:
 (a) included in a list mentioned in section 301A of the Act; or
 (b) in a management plan for the reserve, stated to be a pest species.

12.22  Failing to comply with directions to remove plants
 (1) The Director may, in writing, direct a person to remove a plant that:
 (a) is cultivated or propagated in contravention of subregulation 12.21(1); and
 (b) is growing on land occupied by the person.
 (2) The person must comply with the direction.
Penalty: 30 penalty units.
 (3) A ranger or warden may destroy or remove a plant:
 (a) that is cultivated or propagated in contravention of subregulation 12.21(1); and
 (b) for which a direction mentioned in subregulation (1) has been given but has not been complied with.
Note: Regulation 12.66 deals with control of non‑native species generally.

12.23  Entering prohibited or restricted area
 (1) A person commits an offence if the person enters or remains in a Commonwealth reserve, or a part of a Commonwealth reserve, in contravention of a prohibition or restriction imposed by the Director under subregulation (3).
Penalty: 50 penalty units.
 (2) If the reserve is a jointly managed reserve, subregulation (1) does not apply to a member