Document ID: chunk:federal_register_of_legislation:C2004C00958:clause:1_6:p3
Version: federal_register_of_legislation:C2004C00958
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 3/3)
Character Range: 660062–661037

as:

 (a) the plant is attached to land you hold under:

 (i) a lease; or

 (ii) a *quasi‑ownership right granted by an *exempt Australian government agency or an *exempt foreign government agency; and

 (b) the lease or quasi‑ownership right enables you to carry on a *horticulture business on the land; and

 (c) any holder of a lesser interest or licence relating to the land does not carry on a *horticulture business on the land; and

 (d) apart from this section, you do not own the plant.

Licensees

 (2) You are treated for the purposes of this Subdivision as if you own a *horticultural plant so long as:

 (a) you hold a licence relating to the land to which the plant is attached; and

 (b) you carry on a *horticulture business on the land as a result of holding the licence; and

 (c) apart from this section, you do not own the plant.

 (3) It does not matter who planted the *horticultural plant, for the purposes of working out who its owner is.