Protected native plant licensing

In NSW, native plants are the property of the landholder. However, in the interests of maintaining biodiversity and ecological sustainability, DECC has a statutory responsibility to regulate and coordinate the commercial use of protected and threatened native plant species. These plants consist of:

• species which are listed as protected plants in Schedule 13 of the NSW National Parks and Wildlife Act (NPWA).
• native plant species or populations, or plants from Endangered Ecological Communities listed under the NSW Threatened Species Conservation Act 1995 (TSCA)
• plant species individually listed under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 (EPBCA).

There are no licensing requirements for:

• the use of protected native plants that occur naturally or are cultivated on a person's property for non-commercial purposes (note this does not apply to threatened species listed under the Threatened Species Conservation Act 1995).
• the commercial use of species that are not listed as protected or threatened in NSW.  However there may be restrictions on the removal of vegetation on your property under the Native Vegetation Act 2003 or Tree/Vegetation Management Orders under the Local Government Act 1993, so check these out before taking any other action.

2008-2012 cut-flower management plan

The Protected and Threatened Plants in the cut-flower industry: sustainable management plan 2008-2012 (CFMP) has been prepared under section 115A of the National Parks and Wildlife Act 1974. The plan contains information about the legislation and licensing requirements for the cut flower industry.  In addition the plan outlines the management procedures for the industry including plant tagging requirements, monitoring harvest sustainability, and record keeping requirements. DECC seeks to work cooperatively with the cut-flower industry to implement the recommended strategies.

The plan aims to:

• protect the viability of native plant populations and minimise impacts on natural ecosystems
• implement ecologically sustainable harvest management practices for commercial use of protected native plants
• encourage the transition to harvesting material from artificially propagated sources
• streamline requirements for compliance with Commonwealth regulations for the commercial export of protected native plants.

Download Protected and Threatened Plants in the cut-flower industry: sustainable management plan 2008-2012 (PDF – 737KB)