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Monday, 13 February 2012
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Flora licensing

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"Picking of wildflowers is prohibited" - most people are familiar with this message and it is probably what most people think of as 'flora conservation'. This prohibition still exists in most circumstances unless authorised through permits or licences. Certain species are more susceptible to the effects of picking than others, and uncontrolled picking of wildflowers could lead to the loss of susceptible species. It is thus important to regulate the picking of wildflowers and other flora products to ensure the State's flora is conserved for future generations.

The law

State laws governing flora conservation are contained in the Wildlife Conservation Act 1950 and its Regulations, which are administered by DEC.

In general, the legislation regulates the picking or harvesting of protected flora (plants that are native to Western Australia). This means that common plants as well as threatened flora (declared rare flora) are "protected" in WA, however threatened flora has additional special protection (see Taking Threatened Flora section below).

Provision for management of the trade in wildflowers and other flora products are also controlled by DEC in accordance with a management program approved by the Commonwealth Minister for the Environment.

The export of native flora from Australia is regulated by the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, which sets management requirements on native flora harvested from natural stands. This Act is administered by the Commonwealth Department of Environment, Water, Heritage and the Arts.

The principal aspects of the State legislation are summarised below. It should be noted, however, that full details of the laws are beyond the scope of this summary. Additional information can be obtained from DEC.

The clearing of native vegetation is also regulated under the Environmental Protection Act 1986 and its associated Regulations. This aspect will not be dealt with in this section.

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