The key 4a 4b 4c
The key, couplet 4
A waratah reaches the market carrying its origin in paper
A market waratah can be perfectly legal, but only one route puts it there: a licensed grower, a consignment note that says plantation grown, and no wild harvest anywhere behind it. This is the paper trail, followed stem by stem through one mixed bunch.
General information from NSW Government sources; the native plant law is in the Biodiversity Conservation Act and the parks’ own rules, and the National Parks and Wildlife Service is the place to ask; the weed rules are the ones the Department of Primary Industries’ WeedWise lists for the region.
Two licences, four groups
Everything the key’s Group 4 end stands on comes from one structure. The protected plants the cut-flower industry may use are listed in Part 1 of Schedule 6 of the Biodiversity Conservation Act, and the department’s cut-flower licensing page divides that list into four groups with different licensing, tagging and monitoring requirements.
Two licence classes run through the groups. A wild harvester licence allows picking cut flowers and foliage of protected plants for commercial purposes from naturally occurring stands on property the licensee owns, and since 1 January 2018 licences to harvest have only been issued to land owners. A grower licence allows growing, cultivating and propagating protected and threatened plants for commercial use, from artificially cultivated stock, on land the grower owns or occupies.
The plan groups the species by risk, and says plainly what the numbers mean: plants in higher numbered groups are at greater risk of illegal harvest or overharvest, or are of greater conservation concern. The schedule is also a moving thing: over time, species may be included or removed, or existing species moved between groups.
| The group | What it needs |
|---|---|
| Group 1 | A wild harvest or grower licence, except in state forests, where harvesting runs under a forest products licence issued by the Forestry Corporation. No NPWS tags are required, though growers are encouraged to use grower tags. |
| Group 2 | The same shape as Group 1, for species commonly harvested from the wild and in moderate commercial demand: licensing unless on state forest property, and no NPWS tags. |
| Group 3 | A licence, and NPWS tags are required: regulator tags for cut flowers and foliage from all Group 3 species, whether acquired from the wild or cultivated sources. The group is for species commonly harvested from the wild and in high commercial demand. |
| Group 4 | Species for which only grower licences may be issued, for plants considered to be at high risk of exploitation. |
One bunch, stem by stem
The waratah earns its place at the top of that list: the plan’s appendix calls it an attractive species for the cut-flower market, with bright red flowers, contrasting deep green foliage and a vase life of up to two weeks. Take one mixed native bunch a buyer might meet on a market bench, a waratah, flannel flowers, a Gymea lily spike and a boronia, and follow what the plan says must travel with each stem.
| The stem | What must travel with it |
|---|---|
| A waratah (Group 4) | Material produced under a grower licence must be accompanied by a consignment note or invoice that contains the required information to identify the material to its origin, for example “plantation grown” with the name of the supplier or similar; individual tags for each stem or bunch are not required, and grower tags, required for Group 4 species, are excepted for waratahs. There is no other route: no wild harvest licences will be issued for the genus. |
| Flannel flowers (Group 3) | A licence, and one NPWS tag per bunch for plants harvested under a wild harvest or grower licence, with regulator tags required for all Group 3 material whether from the wild or cultivated sources. The plan gives the point of the exercise in a line: effective tagging can identify whether plants have been legally picked, and is a useful guide for consumers that permits them to choose between bush-picked and cultivated plants. |
| A Gymea lily spike (Group 3) | The licensing page’s general rule stands: tags for all Group 3 material. The plan’s Gymea lily appendix reads differently: plants harvested under a wild harvest licence require an NPWS tag, while plants harvested under a grower licence require only a grower tag or another approved means of identifying the source of the material. |
| A boronia (Group 2) | A wild harvest or grower licence, and no NPWS tags; growers are encouraged to use grower tags for the group. On the key’s other branch, picking from a state forest would run under a forest products licence instead. |
The tag, and what it tells a buyer
A tag is not only paper in the abstract. The plan defines it widely, as a label, a sticker, a sleeve or markings on a plant container, and puts the duty on the licensee: it is the responsibility of the licensee to ensure that tags are affixed to bunches, individual stems or their containers before being offered for sale.
The tags themselves are the department’s: every NPWS tag includes the department’s or NPWS’s logo and one of the descriptions of origin, “bush picked”, “plantation grown” or another description. When a wholesaler splits a bunch for sale to a retailer or an end user, it may remove the tags, and then they must be destroyed by the end user or returned to the department for destruction; tags cannot be reused.
Grower tags carry the grower’s side of the same story. They are required for all Group 4 species except waratahs, and recommended for all species produced under grower licences, and their suggested details are the botanical name of the species, the term “plantation grown”, and the name of the supplier.
One warning for anyone buying colour rather than species: several waratah cultivars have been developed which are easily identifiable and have pink and white flowers, and the plan notes that they still require licensing when sold.
The seller’s side, and the grower’s
Whoever hands the bunch across the counter sits inside the same scheme. Sellers, either wholesalers or retailers, do not need a licence from the department to on-sell protected and threatened plants, but they are required to obtain plants from NSW licensed wild harvesters or growers, or from other legitimate sources, and the plan adds that consumers should have confidence that purchased products were lawfully obtained.
Behind that sits a short enforcement sentence: an authorised officer who has reasonable suspicion that plants have not been obtained legally may request that the material be delivered up or seize the product, and a penalty notice may be issued or other legal action instigated.
For a grower, the route the key lights is the only one left for the top group: a grower licence covers growing, cultivating and propagating protected and threatened plants for commercial use, from artificially cultivated stock, on land the grower owns or occupies. The plan notes one species-specific wrinkle: some plants grow best in situ, relying on prevailing conditions such as soil moisture and acidity, and Christmas bells are its example.
Threatened species are the strictest case of all: picking and harvesting them from the wild is not permitted under a wild harvest or approved harvest licence, and they are available to the whole plant and cut-flower industry only as grower-only products.
High monetary returns have created a situation where material is removed illegally from the roadside, private properties and national parks.
The Gymea lily appendix, Cut-flower sustainable management plan 2023–27 (PDF), NSW Environment and Heritage