Threatened Species Protection Regulations 1996

Threatened Species Protection Regulations 1996

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 .

G. S. M. GREEN

Governor

By His Excellency's Command,

PETER HODGMAN

Minister for Environment and Land Management

1.   Short title

These regulations may be cited as the Threatened Species Protection Regulations 1996 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Threatened Species Protection Act 1995 ;

export means remove any listed taxon from the State;

import means bring any listed taxon into the State.

4.   Permits for dealing with listed taxon

(1)  [Regulation 4 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may issue a permit to take, keep, buy, sell, disturb, process, import or export any listed taxon.

(2)  [Regulation 4 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A permit issued by the Secretary is to be in writing.

(3)  An application for a permit –

(a) [Regulation 4 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] is to be made to the Secretary; and

(b) is to be in writing; and

(c) is to contain the following information:

(i) the name and address of the applicant and any other person who is to be authorised to exercise the authority of the permit;

(ii) the listed taxon to be taken, kept, bought, sold, disturbed, processed, imported or exported;

(iii) the time at which or period within which the permit is to be used;

(iv) the manner in which the permit is to be used;

(v) the place at which the permit is to be used.

5.   Record of dealing in listed taxon

(1)  [Regulation 5 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may require the holder of a permit to keep a record of the taking, keeping, buying, selling, disturbing, processing, importing or exporting of any listed taxon, including –

(a) the name of the listed taxon; and

(b) the number of specimens of the listed taxon or, if appropriate, the number of eggs or other part of that taxon dealt with; and

(c) the name and address of any person to whom the listed taxon or specimen or part of the listed taxon is sold or disposed of; and

(d) the name and address of any person from whom the listed taxon or specimen or part of the listed taxon is acquired; and

(e) the name of any place or institution to which the listed taxon or specimen or part of the listed taxon is sent or at which it is left.

(2)  [Regulation 5 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary, on service of a notice in writing, may require the holder of a permit to provide the Secretary, within 7 days, with a copy of the record in respect of any day or period the Secretary determines.

(3)  The holder of a permit must not fail to –

(a) keep a record in accordance with subregulation (1) ; or

(b) provide a copy of the record in accordance with subregulation (2) .

Penalty:  Fine not exceeding 100 penalty units.

6.   Marking of listed taxon

(1)  [Regulation 6 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may issue a tag or mark to the holder of a permit authorising him or her to take a listed taxon.

(2)  [Regulation 6 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may require the permit holder to tag or mark in a manner approved by the Secretary any listed taxon taken.

(3)  The holder of a permit must not fail to tag or mark any listed taxon when required to do so.

Penalty:  Fine not exceeding 100 penalty units.

7.   Import and export of listed taxon

A person without a permit must not knowingly import or export any listed taxon.

Penalty:  Fine not exceeding 100 penalty units.

8.   General effect of permit

(1)  A permit –

(a) authorises the taking, keeping, buying, selling, disturbing, processing, importing or exporting of any listed taxon specified in the permit by the person named in the permit; and

(b) may specify the circumstances in which or the conditions subject to which the permit may be used.

(2)  The circumstances and conditions may relate to all or any of the following matters:

(a) the time at which, the period within which or the place at which the permit may be used;

(b) the manner in which it may or may not be used;

(c) any precautions to be observed in the use of the permit;

(d) the person by whom any act authorised by the permit is to be done, or the supervision or control under which the act is to be done;

(e) the disposal of, or other dealing with, any listed taxon taken or kept under the authority of the permit;

(f) any record to be kept or notification to be given in relation to the use of the permit.

(3)  [Regulation 8 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may amend or revoke a permit after giving written notice to the holder of his or her intention to do so.

(4)  The holder of a permit must not contravene any term or condition to which the permit is subject.

Penalty:  Fine not exceeding 100 penalty units.

9.   Notice of interim protection order

Notice of the making of an interim protection order is to be personally served on any landholder whose land is affected by the order.

10.   Nomination for adding or omitting taxon

The nomination under section 16 of the Act of a taxon of flora or fauna to be added to, or omitted from, Schedule 3, 4 or 5 of the Act is to be in accordance with the form set out in Schedule 1 .

SCHEDULE 1 - Nomination for listing or delisting taxon

Regulation 10

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

Notified in the Gazette on 31 October 1996

These regulations are administered in the Department of Environment and Land Management.