Threatened Species Protection Regulations 2026

Threatened Species Protection Regulations 2026

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Threatened Species Protection Act 1995 .

CAROLINE WELLS

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Environment and Climate Change

1.   Short title

These regulations may be cited as the Threatened Species Protection Regulations 2026 .

2.   Commencement

These regulations take effect on 17 August 2026.

3.   Interpretation

In these regulations –

Act means the Threatened Species Protection Act 1995 ;

listed taxon permit means a permit issued by the Secretary under regulation 6 .

4.   Form of nomination for listing

For section 16(2) of the Act, the form set out in Schedule 1 is prescribed.

5.   Types of permits for activities involving listed taxa

For section 61(2)(a) of the Act, the Secretary may issue permits for one or more of the following activities that would otherwise constitute an offence against section 51 of the Act:

(a) for educational, research or scientific purposes – taking, keeping or releasing into the wild a specimen of a listed taxon of flora or fauna;

(b) in connection with development or works – taking, keeping or releasing into the wild, including relocating to avoid direct and immediate harm, a specimen of a listed taxon of flora or fauna;

(c) in connection with the rehabilitation of an injured, diseased or orphaned specimen of a listed taxon of fauna –

(i) catching, collecting or taking in a similar way; or

(ii) keeping, including transferring to the holder of a permit of the same type, for the purpose of treatment or other intervention; or

(iii) releasing into the wild; or

(iv) transferring to the holder of a wildlife exhibition licence within the meaning of the Nature Conservation (Wildlife) Regulations 2021 , or a similar person, if release is not appropriate; or

(v) destroying, in a lawful manner, to relieve pain or suffering;

(d) in connection with translocation for the conservation of a specimen of a listed taxon of flora or fauna –

(i) catching, collecting or taking in a similar way; or

(ii) keeping, including relocating; or

(iii) releasing into the wild; or

(iv) importing or exporting;

(e) trading in a specimen of a listed taxon of flora or fauna, or catching, collecting or taking in a similar way and keeping for the purpose of selling, whether or not involving importing or exporting;

(f) exporting or importing a specimen of a listed taxon of flora or fauna, or catching, collecting or taking in a similar way and keeping for the purpose of exporting;

(g) other activities that would otherwise constitute an offence against section 51 of the Act.

6.   Issue of permits for activities involving listed taxa

(1)  For section 61(2)(a) of the Act, the Secretary, in deciding whether to grant a permit for an activity that would otherwise constitute an offence against section 51 of the Act, is to consider the following:

(a) the listed taxa of flora or fauna that are the subject of the application for the permit;

(b) the proposed activity;

(c) the applicant’s conduct in relation to any previous permit granted to the applicant;

(d) any other matter that the Secretary considers relevant.

(2)  The Secretary may require the applicant to provide further information or evidence that the Secretary reasonably considers necessary for the consideration of the application.

(3)  As soon as practicable after receiving the application for the permit, or any further information or evidence requested under subregulation (2) , the Secretary is to –

(a) issue the permit; or

(b) give the applicant notice that the application is refused.

(4)  The permit is to specify the following:

(a) the listed taxa of flora or fauna to which the permit applies;

(b) the activities authorised to be undertaken in accordance with the permit;

(c) the name of the holder of the permit;

(d) the name of each other person, or the class of persons, authorised to undertake an authorised activity in accordance with the permit;

(e) the period during which the permit is in force;

(f) the locations at which the authorised activities are to be undertaken;

(g) any other terms or conditions imposed by the Secretary under section 42(1) of the Act.

7.   Marking and tagging of listed taxa

(1)  For section 61(2)(c) of the Act, the Secretary may, by notice given to the holder of a listed taxon permit, require the holder to, in relation to a listed taxon taken in accordance with the permit –

(a) apply a mark, or affix a tag, that has been issued by the Secretary; or

(b) apply a mark, or affix a tag, in the manner specified in the notice.

(2)  The holder of the listed taxon permit must comply with the notice.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(3)  A person must not, unless the Secretary otherwise allows, damage, remove or otherwise interfere with a mark applied, or a tag affixed, under this regulation.

Penalty:  Fine not exceeding 100 penalty units.

8.   Records to be kept by listed taxon permit holders

(1)  For section 61(2)(d) of the Act, the Secretary may, by notice given to the holder of a listed taxon permit, require the holder to keep a record of the following in relation to an authorised activity undertaken in accordance with the permit:

(a) the listed taxon of flora or fauna to which the activity relates;

(b) the nature of the activity;

(c) the number of specimens of the listed taxon to which the activity relates;

(d) the name and address of each person with whom a specimen of the listed taxon is traded in accordance with the permit, if applicable;

(e) each location at which a specimen of the listed taxon is kept or to which it is sent, if applicable;

(f) any other matter that the Secretary considers relevant.

(2)  The Secretary may, by notice given to the holder of a listed taxon permit, require the holder to produce records kept under this regulation to the Secretary within the period specified in the notice.

(3)  The holder of a listed taxon permit must comply with a notice given to the holder under this regulation.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

9.   Offences relating to misrepresentations

(1)  For section 61 of the Act, a person who is not the holder of a permit must not hold themselves out to be the holder of a permit.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not knowingly mark or otherwise alter a permit in a way that misrepresents the authority of the permit in a material particular.

Penalty:  Fine not exceeding 100 penalty units.

(3)  The holder of a permit must not –

(a) lend or give the permit to another person; or

(b) otherwise cause or allow a person who is not authorised by the permit to undertake an activity to hold themselves out as having that authority.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person must not –

(a) keep records under these regulations that the person knows are false or misleading in a material particular; or

(b) give information or a document that the person knows is false or misleading in a material particular to the Secretary under these regulations without –

(i) informing the Secretary of the manner in which the information or document is false or misleading; and

(ii) giving the Secretary any information or document that the person has, or can reasonably obtain, that corrects the false or misleading information.

Penalty:  Fine not exceeding 100 penalty units.

SCHEDULE 1 - Nomination form for addition or omission of taxon

Regulation 4

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 August 2026

These regulations are administered in the Department of Natural Resources and Environment Tasmania.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe the form to be used to nominate a taxon of flora or fauna to be added to, or omitted from, the listed taxa under the Threatened Species Protection Act 1995 ; and

(b) provide for permits for activities involving listed taxa; and

(c) provide for the marking or tagging of listed taxa taken under a permit; and

(d) require certain records to be kept and produced by permit holders; and

(e) establish certain offences relating to making misrepresentations; and

(f) are made consequent on the repeal of the Threatened Species Protection Regulations 2016 under section 11 of the Subordinate Legislation Act 1992 .