Nature Conservation Act 2002 (Tas)

Nature Conservation Act 2002

An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State, to provide for the declaration of national parks and other reserved land and for related purposes [Royal Assent 19 December 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Nature Conservation Act 2002 .

2. Commencement This Act commences on the day on which the National Parks and Reserves Management Act 2002 commences.

3. Interpretation (1) In this Act, unless the contrary intention appears – authorised officer means – (a) a police officer; and (b) a ranger; biological diversity means the variety of – (a) plants, animals and micro-organisms; and (b) the genes contained in plants, animals and micro-organisms; and (c) the ecosystems of which plants, animals and micro-organisms form part; cat means a member of the species Felis catus; class, in relation to reserved land, means the class referred to in section 16 that the reserved land is declared to be under section 11 , 12 , 13 , 14 or 15 ; Commission means the Tasmanian Planning Commission established under section 4 of the Tasmanian Planning Commission Act 1997 ; conservation area means – (a) any land declared under this Act to be reserved land in the class of conservation area; and (b) any land taken to have been so declared; conservation purpose means – (a) any purpose specified in Column 3 of Schedule 1 ; or (b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land; container includes any wrapping; conveyance means any vehicle, vessel or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air; Crown land means any land vested in the Crown (whether or not subject to any private right) other than land vested in the Crown that is contracted to be granted in fee simple; dingo means a member of the subspecies Canis familiaris dingo; Director means the Director of National Parks and Wildlife appointed under the National Parks and Reserves Management Act 2002 ; dog means a member of the species Canis familiaris; domestic stock means the animals, or the species of animals, prescribed by the regulations to be domestic stock; ferret means a member of the species Mustela putorius; fox means a member of the genus Vulpes; future potential production forest land has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014 ; game means the forms of wildlife that are specified as partly protected wildlife in the wildlife regulations and whose taking is subject to licensing under those regulations; game reserve means – (a) any land declared under this Act to be reserved land in the class of game reserve; and (b) any land taken to have been so declared; geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; historic site means – (a) any land declared under this Act to be reserved land in the class of historic site; and (b) any land taken to have been so declared; hunting equipment means any weapon, implement, apparatus or material which – (a) is capable of being used for the taking of any wildlife or a product of any wildlife; or (b) is incapable of being so used only by reason of – (i) the absence of, or a defect in, a part; or (ii) the presence of an obstruction; land includes – (a) land covered by the sea or other waters; and (b) the part of the sea or those waters covering that land; leased reserve means an area of land held on lease under section 15 ; management agreement, in relation to any private land, means an agreement entered into under section 25 ; management objectives, in relation to any class of reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; managing authority, when used in relation to any reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; Minister for Crown Lands means the Minister for the time being administering the Crown Lands Act 1976 ; mink means a member of the species Mustela vison or Mustela lutreola; national park means – (a) any land declared under this Act to be reserved land in the class of national park; and (b) any land taken to have been so declared; nature recreation area means – (a) any land declared under this Act to be reserved land in the class of nature recreation area; and (b) any land taken to have been so declared; nature reserve means – (a) any land declared under this Act to be reserved land in the class of nature reserve; and (b) any land taken to have been so declared; owner means – (a) in the case of land vested in the Crown which is contracted to be granted in fee simple, the person to whom it is so contracted; and (b) in any other case, the person who, under the Land Acquisition Act 1993 or otherwise, is entitled to sell, convey or surrender a freehold estate in that land to the Crown; partly protected wildlife means the species of wildlife prescribed by the regulations as partly protected wildlife; permanent timber production zone land has the same meaning as in the Forest Management Act 2013 ; plant means – (a) a form of vegetation; and (b) an organism belonging to the vegetable kingdom; and (c) a fruit; and (d) a seed; and (e) a product of a plant; and (f) a part of a plant – whether that plant is alive or dead or whether or not capable of growth; prescribed body, in relation to the management of reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; private land means land other than Crown land or land vested in a public authority; private nature reserve means – (a) any land declared under this Act to be reserved land in the class of private nature reserve; and (b) any land taken to have been so declared; private right, in relation to Crown land, means any estate, interest or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which its holder has one or more of the following rights: (a) the right to occupy or use that land; (b) the right to carry out any operations on that land; (c) the right to take any products of, or materials in or on, that land, including materials beneath the surface of that land; private sanctuary means – (a) any land declared under this Act to be reserved land in the class of private sanctuary; and (b) any land taken to have been so declared; products, in relation to wildlife, has the meaning given by subsection (2) ; protected plant means a plant prescribed as a protected plant under section 27 ; public authority means – (a) a council within the meaning of the Local Government Act 1993 ; and (b) another body corporate established by an enactment having jurisdiction limited to a district, locality or part of the State; and (c) a statutory authority; public reserve has the same meaning as in the Crown Lands Act 1976 ; purposes of reservation in relation – (a) to any reserved land, means the purposes for which that land was reserved; or (b) to any class of reserved land, means the purposes of reservation specified in Schedule 1 in relation to that class; ranger means a person appointed as a ranger, or authorised to perform the functions and exercise the powers of a ranger, under section 8 ; Recorder means the Recorder of Titles; regional reserve means – (a) any land declared under this Act to be reserved land in the class of regional reserve; and (b) any land taken to have been so declared; Registrar of Place Names means the Registrar of Place Names appointed under section 7 of the Place Names Act 2020 ; regulations means regulations made and in force under section 76 ; reserved means set aside or acquired for a conservation purpose; reserved land means – (a) any land declared under this Act to be reserved land; and (b) any land taken to have been so declared; resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 2 ; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; Secretary means the Secretary of the Department; special advisory committee means a special advisory committee established under section 9 ; special species timber harvesting has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014 ; State reserve means – (a) any land declared under this Act to be reserved land in the class of State reserve; and (b) any land taken to have been so declared; statutory power means – (a) a power under an enactment, other than this Act, for – (i) the reservation or dedication of Crown land for any purpose; or (ii) the alienation of, or the grant of private rights in or over, any such land; or (iii) the carrying out of any works or other operations on any such land; and (b) a power that, under an enactment other than this Act, may be exercised by a public authority in relation to land vested in it; trust land means Crown land subject to a trust under section 23 ; wildlife means any living creature other than – (a) a dog or cat; and (b) domestic stock; and (c) fish, within the meaning of the Living Marine Resources Management Act 1995 ; and (d) an animal that – (i) is being farmed under and in accordance with the Biosecurity Act 2019 ; or (ii) has been so farmed and is legally in the possession of any person; wildlife regulations means regulations made for the purposes of Part 4 in respect of the matters referred to in sections 26 , 27 and 28 ; wolf means a member of the genus Canis, other than Canis familiaris. (2) A reference in this Act to the products of any form of wildlife includes a reference to – (a) the dead bodies, and parts of the dead bodies, of that form of wildlife; and (b) any material or thing obtained from the bodies or dead bodies of that form of wildlife; and (c) any eggs of that form of wildlife; and (d) any nests of that form of wildlife. (3) For the purposes of this Act, a form of wildlife may be described by reference to any one or more of the following matters: (a) the species, type or other classification by which it may be described or identified; (b) its sex, age or condition; (c) any of its attributes or characteristics. (4) For the purposes of this Act, a plant may be described by reference to any one or more of the following matters: (a) the species, type or other classification by which it may be described or identified; (b) any of its attributes or characteristics. (5) A reference in this Act to the taking of any wildlife or to the taking of a form of wildlife that is game includes a reference to the killing, destroying, hunting, pursuing, catching, shooting, netting, snaring or injuring that wildlife or that form of wildlife. (6) A reference in this Act to the taking of a product of any wildlife includes a reference to the carrying out of any operation – (a) for the purpose of obtaining that product; or (b) that has the effect of destroying or damaging that product. (7) A reference in this Act to the taking of any plant includes a reference – (a) to the destroying or damaging of that plant; and (b) to the taking, destroying or damaging of any fruit, seeds, product or part of the plant. (8) A reference in this Act to the taking of any thing includes a reference to attempting to take, or assisting in the taking of, that thing. (9) A reference in this Act to selling includes a reference to any disposal by way of trade. (10) A reference in this Act to buying includes a reference – (a) to receiving or accepting under a contract to sell; and (b) to offering to receive or accept under a contract to sell; and (c) to causing or suffering to be received or accepted under a contract to sell. (11) For the purposes of this Act, a person is taken to have a thing in his or her possession – (a) if it is in his or her possession, or under his or her control, in any place or conveyance, whether for the use or benefit of the person or another person; or (b) if it is – (i) in or on any place or conveyance occupied, controlled or used by him or her; or (ii) used or controlled by him or her in or on any place or conveyance – even though another person has the actual possession or custody of the thing, unless the person proves that he or she had no knowledge of that thing. (12) Unless the contrary intention appears, a reference in this Act to a thing includes a reference to a living thing.