Threatened Species Protection Regulations 2016 (Tas)

Threatened Species Protection Regulations 2016

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 .

8 August 2016

C. WARNER

Governor

By Her Excellency's Command,

MATTHEW GROOM

Minister for Environment, Parks and Heritage

1. Short title These regulations may be cited as the Threatened Species Protection Regulations 2016 .

2. Commencement These regulations take effect on 11 October 2016.

3. Interpretation In these regulations – Act means the Threatened Species Protection Act 1995 ; deal with, in respect of a listed taxon, means take, acquire for any consideration, sell, keep, disturb, process, relocate, release, export or import; export means export from the State; import means import into the State; listed taxon permit means a permit issued by the Secretary under regulation 4 ; notice, in relation to a listed taxon permit, means a notice in writing served on the holder of the listed taxon permit; sell means sell by wholesale or retail, and includes – (a) offer, display or expose for sale; and (b) keep or have in possession for sale; and (c) barter or exchange; and (d) deal in or agree to sell; and (e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and (f) authorise, cause, encourage, attempt or allow any act referred to in paragraph (a) , (b) , (c) , (d) or (e) .

4. Permits for dealing with listed taxon (1) A person may apply to the Secretary for a listed taxon permit to deal with a listed taxon, or group of listed taxa. (2) The application for a listed taxon permit is to – (a) be in writing; and (b) specify – (i) the name and address of the applicant; and (ii) the name and address of each person, other than the applicant, who it is intended will act under the authority of the permit; and (iii) the listed taxon, or group of listed taxa, proposed to be dealt with under the authority of the permit; and (iv) the proposed dealing to be performed with the listed taxon, or group of listed taxa, under the authority of the permit; and (v) the proposed time at which or period within which the permit is to be used; and (vi) the location where the proposed dealing to be performed with the listed taxon, or group of listed taxa, is to occur under the authority of the permit; and (c) be supported by such information or evidence as the Secretary may require. (3) On receipt of the application, the Secretary is to – (a) issue the listed taxon permit; or (b) request the applicant to provide further information or evidence in relation to the application; or (c) refuse to issue the listed taxon permit. (4) In determining whether or not to issue a listed taxon permit, the Secretary is to have regard to – (a) the kind of listed taxon, or group of listed taxa proposed to be dealt with under the permit; and (b) the proposed dealing with the listed taxon, or group of listed taxa, to be authorised under the permit; and (c) the applicant's conduct in relation to any previous listed taxon permit; and (d) any other matter the Secretary considers relevant. (5) A listed taxon permit is to – (a) be in writing; and (b) specify – (i) the listed taxon, or group of listed taxa, that may be dealt with under the permit; and (ii) the dealing authorised by the permit; and (iii) the name of the listed taxon permit holder; and (iv) the name of each person, or class of persons, other than the listed taxon permit holder, who is permitted to act under the authority of the permit; and (v) the period for which the permit remains in force; and (vi) the location at which the dealing authorised under the permit is to be performed; and (vii) any other terms and conditions of the permit; and (c) contain such other information as the Secretary determines.