Grower licence conditions for cut-flowers and whole protected plants

A sample of the licence conditions for a grower licence for cut-flowers and whole protected plants. 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. ‘WPMP’ means Whole Plant Sustainable Management Plan 2023–2027: commercial harvest, salvage and propagation of protected whole plants
   6. ‘authorised officer’ means an officer of the department.
5. The licensee may only grow the plant species specified on this licence.
6. The licensee may only sell the plant species specified on this licence, including whole plants, cut flowers, foliage, stems and bunch type and quantities.
7. All plants requiring tags are to be tagged individually or in bunches or according to the conditions in the Cut-flower Sustainable Management Plan 2023–27 and Whole Plant Sustainable Management Plan 2023–2027 for sale within Australia. Plant tags must:
   1. be able to be permanently attached to the plant product.
   2. for cut-flower material tags must be affixed to the plant material at the picking site or packing shed, even if the plant material is not sold.
   3. include:
      1. whether the plant material is ‘wild harvested/bush picked’ or ‘propagated/grown’
      2. a description of the plant origin
      3. scientific name of species
      4. a unique tag number.
8. Export sales may be tagged in the units in which they are usually sold.
9. It is the responsibility of the applicant to confirm the identification of the species they intend to grow or pick. 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.
10. No harvest levels will be set for material harvested under a grower licence.
11. The licensee is to keep a copy of the licence at the property where the plants are grown.
12. The licensee must comply with all licence requirements as documented in the Cut-flower Sustainable Management Plan 2023–27 and Whole Plant Sustainable Management Plan 2023–2027, as amended or replaced from time to time.
13. The licensee must produce the licence to any authorised officer, or any owner, occupier or lessee of the land specified on the licence; as required.
14. The licensee must produce the licence to all persons who buys or receives plants from the licensee.
15. Any place where plants are to be picked, stored or processed is to be available for inspection upon request by an authorised officer.
16. The licensee must comply with any requirements in the Cut-flower Sustainable Management Plan 2023–27 and Whole Plant Sustainable Management Plan 2023–2027, as amended or replaced over time.
17. 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.
18. Harvest return records are to be submitted yearly/annually. The licensee must forward to the NPWS local office annual harvest returns of the form provided, no later than 28 days from the anniversary of issue date of this licence.
19. No licence renewal or new licence will be granted until the harvest returns have been submitted.
20. The licensee agrees to indemnify and keep indemnified, the Crown in right of NSW (the department), the NSW Minister responsible for the environment and 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.