Approved harvester licence conditions (salvage) for whole protected plants

A sample of the licence conditions for an approved harvester licence (sustainable) for whole protected plant. 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. ‘WPMP’ means ‘Whole Plant Sustainable Management Plan 2023–2027: commercial harvest, salvage and propagation of protected whole plants’
   5. ‘authorised officer’ means an officer of the department.

General

5. The licensee may only salvage harvest whole plants from the species specified on this licence.
6. The licensee may only harvest quantities of whole plants specified on the site approval licence.
7. The licensee may only harvest whole plants from the land described on this licence.
8. An approved harvester must hold both an approved harvester licence (salvage) and a site approval licence before any harvest operation can be undertaken.
9. An approved harvester must have consent approval that permits native vegetation clearing.
10. It is the responsibility of the applicant to confirm the identification of the species that 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.
11. Licensees must comply with all licence requirements as documented in the Whole Plant Sustainable Management Plan 2023–2027, as amended or replaced from time to time.
12. The licensee must keep a copy of this licence and site approval licence within their immediate possession while harvesting.
13. The licensee and any person named on this licence must, on request, produce the licences to an authorised officer or any owner, occupier or lessees of the land specified on the licence.
14. The licensee shall produce the licence to all persons who buy or receive protected plant parts from this licensee.
15. Any place where plants are harvested, stored or processed are to be made available for inspection upon request by an authorised officer.
16. Receipts for plant part sales must be kept for a minimum period of 2 years. The licensee will make these receipts available for inspection upon request by an authorised officer.

Record keeping

17. Harvest return records are to be submitted yearly. 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.
18. No licence renewal or new licence will be granted until the harvest returns have been submitted.

Plant tags

19. NPWS tags are required for all wild harvest plants. Licences must apply to the NPWS local office for plant tags for the amount specified in this licence only.
20. In accordance with the conditions with the Whole Plant Sustainable Management Plan 2023–2027 plant tags must:
    1. be permanently attached to the flower plant product
    2. state they ‘wild harvested’
    3. have description of plant origin or species
    4. scientific name of species
    5. have a unique tag number.
21. NPWS plant tags are not transferable and must be used in association with the licence number only.
22. Plant parts that require tagging must be tagged on the land specified and described on the licence prior to being transported.

Indemnity 

23. The licensee agrees to indemnify, and keep indemnified, the Crown in right of New South Wales (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.