Wild harvester licence conditions for cut-flower protected plants

A sample of the licence conditions for a cut-flower wild harvester licence. Conditions may be added or removed in specific circumstances.

Licence conditions

1. Unless stated otherwise, words and expressions used in this licence have the same meaning as those set out in the Biodiversity Conservation Act 2016.
2. Under Section 2.14 of the Biodiversity Conservation Act, it is an offence to contravene or fail to comply with a condition of this licence.
3. Licences cannot be transferred to third parties.
4. In this licence:
   1. ‘licensee’ means the person named as the licensee and persons working on behalf of the licensee
   2. ‘the department’ means the Department of Climate Change, Energy, the Environment and Water
   3. ‘NPWS’ means the National Parks and Wildlife Service
   4. ‘CFMP’ means Cut-flower Sustainable Management Plan 2023–27: protected and threatened plants in the cut-flower industry
   5. ‘authorised officer’ means an officer of the department.

General

5. The licensee may only harvest cut flowers from the species specified on this licence.
6. The licensee may only harvest the quantities of cut flowers and foliage specified on this licence.
7. The licensee may only harvest cut flower species from the land specified on this licence.
8. It is the responsibility of the applicant to confirm the identification of the species they intend to harvest. PlantNet NSW Flora Online (the plant information network Royal Botanic Gardens) can assist; but where this is in doubt the species should be formally identified through a recognised authority such as the NSW Herbarium.
9. The licensee must comply with all licence requirements documented in the Cut-flower Sustainable Management Plan 2023–27, as amended or replaced from time to time.
10. The licensee must produce the licence to any authorised officer or owner, occupier or lessee of the land specified on this licence; as required.
11. The licensee shall produce the licence to all who buy or receive cut flowers from this license.
12. Where the licensee has a retail or wholesale outlet, a copy of the licence must be available on request by an authorised officer. It is recommended the licence be displayed at the point of sale.
13. Receipts for all sales must be kept for the term of this licence. The licensee must make these receipts available for inspection upon request from an authorised officer.
14. Any place where plant parts are to be picked, stored or processed are to be made available for inspection on request by an authorised officer.

Plant tags

15. NPWS tags are required for group 3 plants. Grower tags are required for group 4 plants and are recommended for groups 1 and 2.
16. Licenses must apply to the NPWS local office for plant tags for the amount specified in this licence only.
17. Plant tags must:
    1. be permanently attached to the cut flower plant product
    2. be affixed to the plant material in according to s4.1.1 and s4.1.2 Cut-flower Sustainable Management Plan 2023–27
    3. state they ‘wild harvested/bush picked’ or ‘plantation grown’
    4. have description of plant origin or species
    5. scientific name of species
    6. have a unique tag number.
18. Plant parts that require tagging must be tagged on the land specified and described on the licence prior to being transported.
19. NPWS plant tags are not transferable and must be used in association with the license number only.

Sustainable management

20. Cut flower harvesting, collection, processing and use should be undertaken using best-practice standards and must not impact the viability of the individual plants or populations or adversely affect the long-term survival of the source individual plant or population, specifically:
    1. unless precise information about sustainable collecting limits for a species are known, a collection limit of a maximum of 20% of the available flowers should be used
    2. unless precise information about the sustainable harvesting limits for a species is known, a collection limit of a maximum 10% of the flowers or other plant parts from any one plant, or not more than 1% of the plant can be collected
    3. flower and plant material must be collected from multiple plants over as wide an area as possible
    4. collection methods must be conducted in a manner that minimises damage to all target and non-target plant species.
    5. establishing fixed photographic monitoring points over representative sections of the harvest site/s
    6. an accurate map (+/- 10 m) with geographical coordinates of harvest sites and monitoring plots
    7. photographs taken immediately before and after picking at each site
    8. detailed description of species and numbers of plants before and the harvest operation.

Monitoring

21. The licensee must establish a program/s to monitor harvest sustainability which may include:
    1. establishing fixed photographic monitoring points over representative sections of the harvest site/s
    2. an accurate map (+/- 10 m) with geographical coordinates of harvest sites and monitoring plots
    3. photographs taken immediately before and after picking at each site
    4. detailed description of species and numbers of plants before and the harvest operation.

Record keeping

22. The monitoring program must be provided to the NPWS local office at the completion of the harvest operation or no later than 28 days upon the expiration of the licence.
23. No licence renewal or new licence will be granted until monitoring conditions have been fulfilled and a report provided.
24. Harvest return records are to be submitted yearly/annually. The licensee shall forward to the NPWS local office annual harvest records on the form provided, no later than 28 days after the anniversary date of the licence.
25. No licence renewal or new licence will be granted until the harvest returns all have been submitted.

Indemnity

23. The licensee agrees to indemnify, and keep indemnified, the Crown in right of NSW (the department), the NSW Minister administering the Biodiversity Conservation Act, the Environment Agency Head of the Department of Climate Change, Energy, the Environment and Water, and their employees, agents and contractors, in the absence of any wilful misconduct or negligence on their part, from and against all actions, demands, claims, proceedings, losses, damages, costs (including legal costs), charges or expenses suffered or incurred by them resulting from:
    1. any damage or destruction to any real or personal property
    2. injury suffered or sustained (including death) by any persons arising out of or in connection with the activities undertaken pursuant to this licence.