{"id":"tas:sr-2016-065","name":"Threatened Species Protection Regulations 2016","slug":"threatened-species-protection-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"65 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186319,"registerId":"tas-tas:sr-2016-065-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Threatened Species Protection Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-065) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 11 October 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Threatened Species Protection Act 1995](/view/html/inforce/2026-04-12/act-1995-083) ;\n> \n> > [*\\[Regulation 3 Amended by S.R. 2024, No. 96, Applied:24 Dec 2024\\]*](/view/html/inforce/2024-12-24/sr-2024-096#GS4@EN) ***deal with***, in respect of a listed taxon, means take, acquire for any consideration, sell, keep, disturb, process, relocate, release, export or import;\n> \n> > ***export*** means export from the State;\n> \n> > ***import*** means import into the State;\n> \n> > ***listed taxon permit*** means a permit issued by the Secretary under [regulation 4](#GS4@EN) ;\n> \n> > ***notice***, in relation to a listed taxon permit, means a notice in writing served on the holder of the listed taxon permit;\n> \n> > ***sell*** means sell by wholesale or retail, and includes –\n> > \n> > > > (a) offer, display or expose for sale; and\n> > > \n> > > > (b) keep or have in possession for sale; and\n> > > \n> > > > (c) barter or exchange; and\n> > > \n> > > > (d) deal in or agree to sell; and\n> > > \n> > > > (e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and\n> > > \n> > > > (f) authorise, cause, encourage, attempt or allow any act referred to in [paragraph (a)](#GS3@Nd313201644110@Hpa@EN) , [(b)](#GS3@Nd313201644110@Hpb@EN) , [(c)](#GS3@Nd313201644110@Hpc@EN) , [(d)](#GS3@Nd313201644110@Hpd@EN) or [(e)](#GS3@Nd313201644110@Hpe@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Permits for dealing with listed taxon","content":"### 4 Permits for dealing with listed taxon\n\n> > (1)  A person may apply to the Secretary for a listed taxon permit to deal with a listed taxon, or group of listed taxa.\n> \n> > (2)  The application for a listed taxon permit is to –\n> > \n> > > > (a) be in writing; and\n> > > \n> > > > (b) specify –\n> > > > \n> > > > > > (i) the name and address of the applicant; and\n> > > > > \n> > > > > > (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\n> > > > > \n> > > > > > (iii) the listed taxon, or group of listed taxa, proposed to be dealt with under the authority of the permit; and\n> > > > > \n> > > > > > (iv) the proposed dealing to be performed with the listed taxon, or group of listed taxa, under the authority of the permit; and\n> > > > > \n> > > > > > (v) the proposed time at which or period within which the permit is to be used; and\n> > > > > \n> > > > > > (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\n> > > \n> > > > (c) be supported by such information or evidence as the Secretary may require.\n> \n> > (3)  On receipt of the application, the Secretary is to –\n> > \n> > > > (a) issue the listed taxon permit; or\n> > > \n> > > > (b) request the applicant to provide further information or evidence in relation to the application; or\n> > > \n> > > > (c) refuse to issue the listed taxon permit.\n> \n> > (4)  In determining whether or not to issue a listed taxon permit, the Secretary is to have regard to –\n> > \n> > > > (a) the kind of listed taxon, or group of listed taxa proposed to be dealt with under the permit; and\n> > > \n> > > > (b) the proposed dealing with the listed taxon, or group of listed taxa, to be authorised under the permit; and\n> > > \n> > > > (c) the applicant's conduct in relation to any previous listed taxon permit; and\n> > > \n> > > > (d) any other matter the Secretary considers relevant.\n> \n> > (5)  A listed taxon permit is to –\n> > \n> > > > (a) be in writing; and\n> > > \n> > > > (b) specify –\n> > > > \n> > > > > > (i) the listed taxon, or group of listed taxa, that may be dealt with under the permit; and\n> > > > > \n> > > > > > (ii) the dealing authorised by the permit; and\n> > > > > \n> > > > > > (iii) the name of the listed taxon permit holder; and\n> > > > > \n> > > > > > (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\n> > > > > \n> > > > > > (v) the period for which the permit remains in force; and\n> > > > > \n> > > > > > (vi) the location at which the dealing authorised under the permit is to be performed; and\n> > > > > \n> > > > > > (vii) any other terms and conditions of the permit; and\n> > > \n> > > > (c) contain such other information as the Secretary determines.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"General effect of listed taxon permit","content":"### 5 General effect of listed taxon permit\n\n> > (1)  A listed taxon permit authorises the dealing with the listed taxon, or group of listed taxa, specified in the permit by –\n> > \n> > > > (a) a person named in the listed taxon permit; and\n> > > \n> > > > (b) unless the listed taxon permit provides to the contrary, an employee or subcontractor of a person named in the listed taxon permit acting on that person's behalf with his or her written authority.\n> \n> > (2)  The Secretary may amend or revoke a listed taxon permit after giving notice to the listed taxon permit holder of the Secretary's intention to do so.\n> \n> > (3)  The holder of a listed taxon permit must not contravene, or cause or allow another person to contravene, a term or condition of the listed taxon permit.\n> > \n> > 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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Import and export of listed taxon","content":"### 6 Import and export of listed taxon\n\n> Except as may be authorised by a listed taxon permit, a person must not knowingly import or export a listed taxon, or knowingly cause or allow the import or export of a listed taxon.\n> \n> 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.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Taken listed taxon to be marked and tagged","content":"### 7 Taken listed taxon to be marked and tagged\n\n> > (1)  This regulation applies to a listed taxon permit that authorises the taking of a listed taxon or group of listed taxa.\n> \n> > (2)  The Secretary, by notice, may require the holder of a listed taxon permit to affix a tag or mark, in the manner specified in the notice, to a listed taxon taken pursuant to the listed taxon permit.\n> \n> > (3)  The Secretary may issue the holder of the listed taxon permit with the tag or mark or may specify in the notice the kind of tag or mark to be affixed.\n> \n> > (4)  The holder of the listed taxon permit must comply with a notice served under [subregulation (2)](#GS7@Gs2@EN) .\n> > \n> > 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.\n> \n> > (5)  Except as may be authorised by the Secretary, a person must not remove a tag or mark affixed to a listed taxon in accordance with this regulation.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (6)  A person must not damage or interfere with a tag or mark affixed to a listed taxon in accordance with this regulation.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Keeping of record of dealing with listed taxon","content":"### 8 Keeping of record of dealing with listed taxon\n\n> > (1)  In this regulation –\n> > \n> > > ***listed taxon record*** means a record, of a dealing with a listed taxon, that includes –\n> > > \n> > > > > (a) the name of the listed taxon; and\n> > > > \n> > > > > (b) the number of specimens of the listed taxon or, if applicable, the number of eggs or other part of the listed taxon, dealt with; and\n> > > > \n> > > > > (c) if applicable, the name and address of each person –\n> > > > > \n> > > > > > > (i) to whom the listed taxon, or part of the listed taxon, is sold; and\n> > > > > > \n> > > > > > > (ii) from whom the listed taxon, or part of the listed taxon, is bought; and\n> > > > \n> > > > > (d) if applicable, the name of each place or institution to which the listed taxon, or part of the listed taxon, is sent or at which it is left.\n> \n> > (2)  The Secretary, by notice, may require the holder of a listed taxon permit to keep a listed taxon record in relation to a listed taxon dealt with in accordance with the permit.\n> \n> > (3)  The holder of the listed taxon permit must comply with the notice served under [subregulation (2)](#GS8@Gs2@EN) .\n> > \n> > 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.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Provision of record of dealing with listed taxon","content":"### 9 Provision of record of dealing with listed taxon\n\n> > (1)  The Secretary, by notice, may require the holder of a listed taxon permit to give the Secretary, within such period as is specified in the notice, a copy of the listed taxon record kept under [regulation 8](#GS8@EN) that relates to a day or period specified in the notice.\n> \n> > (2)  The holder of the listed taxon permit must comply with the notice served under [subregulation (1)](#GS9@Gs1@EN) .\n> > \n> > 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.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"False or misleading statements","content":"### 10 False or misleading statements\n\n> A person must not, in keeping or giving any information required under these regulations –\n> \n> > > (a) make a statement knowing it to be false or misleading; or\n> > \n> > > (b) omit any matter from a statement knowing that without that matter the statement is false or misleading; or\n> > \n> > > (c) provide a document that the person knows to be false or misleading without informing the person to whom the document is provided of that knowledge and the basis for that knowledge.\n> \n> Penalty:  Fine not exceeding 100 penalty units.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Nomination for addition or omission of taxon","content":"### 11 Nomination for addition or omission of taxon\n\n> For the purposes of [section 16(2)](/view/html/inforce/2026-04-12/act-1995-083#GS16@Gs2@EN) of the Act, the form set out in [Schedule 1](#JS1@EN) is the prescribed form.","sortOrder":10},{"sectionNumber":"SCHEDULE 1 - Nomination Form f","sectionType":"part","heading":"SCHEDULE 1 - Nomination Form for Addition or Omission of Taxon","content":"# SCHEDULE 1 - Nomination Form f SCHEDULE 1 - Nomination Form for Addition or Omission of Taxon\n\n[*\\[Schedule 1 Substituted by S.R. 2024, No. 96, Applied:24 Dec 2024\\]*](/view/html/inforce/2024-12-24/sr-2024-096#GS5@EN)\n\n[Regulation 11](#GS11@EN)\n\n[![graphic image](/image/TSPAp1.gif)](/image/TSPAp1.gif)\n\n[![graphic image](/image/TSPAp2.gif)](/image/TSPAp2.gif)\n\n[![graphic image](/image/TSPAp3.gif)](/image/TSPAp3.gif)\n\n[![graphic image](/image/TSPAp4.gif)](/image/TSPAp4.gif)\n\n[![graphic image](/image/TSPAp5.1.gif)](/image/TSPAp5.1.gif)\n\n[![graphic image](/image/TSPAp6.gif)](/image/TSPAp6.gif)\n\n[![graphic image](/image/TSPAp7.gif)](/image/TSPAp7.gif)\n\n[![graphic image](/image/TSPAp8.gif)](/image/TSPAp8.gif)\n\n[![graphic image](/image/TSPAp9.gif)](/image/TSPAp9.gif)\n\n[![graphic image](/image/TSPAp10.gif)](/image/TSPAp10.gif)\n\n[![graphic image](/image/TSPAp11.gif)](/image/TSPAp11.gif)\n\n[![graphic image](/image/TSPAp12.gif)](/image/TSPAp12.gif)\n\n[![graphic image](/image/TSPAp13.gif)](/image/TSPAp13.gif)\n\n[![graphic image](/image/TSPAp14.gif)](/image/TSPAp14.gif)\n\n[![graphic image](/image/TSPAp15.gif)](/image/TSPAp15.gif)\n\n[![graphic image](/image/TSPAp16.gif)](/image/TSPAp16.gif)\n\n[![graphic image](/image/TSPAp17.gif)](/image/TSPAp17.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 17 August 2016","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of the regulations has materially shifted from their original intent of providing operational rules to support the Threatened Species Protection Act 1995. The regulations appear to remain focused on species protection administration in Tasmania."},"complexity_factors":["Only metadata and status information was provided — the substantive regulatory content is absent, limiting full assessment","Regulations operate beneath a parent Act (Threatened Species Protection Act 1995), requiring cross-referencing between instruments","Environmental regulations typically involve scientific terminology and species classification systems that can be difficult for laypeople","Permit and licensing frameworks in environmental law often involve conditional obligations that vary case by case","Multiple amendments over time (referenced in the Table of Amendments) may create layered interpretive complexity"],"plain_english_summary":"These Tasmanian regulations set out the practical rules under the Threatened Species Protection Act 1995 for protecting at‑risk plants and animals. They govern permits, fees, application processes, conditions on licences, and penalties, and therefore affect landowners, developers, researchers, consultants, government land managers, and anyone who might disturb or trade threatened species.\n\nThey matter because they translate legal protections into enforceable obligations and penalties. Note: the available document appears to be a status/metadata page; version current as of 24 December 2024."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as operational machinery for the Threatened Species Protection Act 1995. The 2024 amendment expanded the definition of 'deal with' to explicitly include 'disturb' and 'relocate', but this represents a clarification/expansion of existing permit controls rather than a fundamental shift beyond the original conservation purpose. The core framework—permits, records, tags, offences—remains consistent with the 2016 commencement intent."},"complexity_factors":["Straightforward permit application structure with 6 specific information requirements in regulation 4(2)","Nested definitions: 'sell' defined with 6 sub-paragraphs including recursive reference to earlier paragraphs","Cross-references to parent Act (Threatened Species Protection Act 1995) for key concepts like 'listed taxon' and nomination procedures","Multiple penalty provisions with standardised structure (100 penalty units base + 20 per day for continuing offences) repeated across regulations 5, 6, 7, 8, and 9","Conditional logic in regulation 5(1)(b) regarding subcontractors acting with written authority","Delegated legislative power allowing Secretary to require additional information 'as the Secretary may require' (regulation 4(2)(c)) and impose terms and conditions (regulation 4(5)(b)(vii))","Recent amendment noted (S.R. 2024, No. 96) updating definition of 'deal with' and substituting Schedule 1, indicating active regulatory evolution"],"plain_english_summary":"These regulations set out the rules for handling threatened species in Tasmania. They work alongside the main Threatened Species Protection Act 1995.\n\n**What the regulations do:**\n\n*   **Create a permit system** for anyone who wants to 'deal with' threatened species. 'Dealing with' includes taking, buying, selling, keeping, moving, exporting, or importing these species.\n*   **Set out how to apply** for permits, what information you must provide, and what the Secretary must consider when deciding whether to grant one.\n*   **Require record-keeping** — permit holders must keep detailed records of their dealings with threatened species and provide these to the Secretary when asked.\n*   **Mandate tagging** — animals taken under permit may need to be tagged or marked so authorities can track them.\n*   **Ban unauthorised imports and exports** of threatened species.\n*   **Create offences** with fines up to 100 penalty units (and extra daily fines for continuing offences) for breaking permit conditions, removing tags, failing to keep records, or making false statements.\n\n**Who it affects:**\n\n*   Scientists, wildlife carers, zoos, and researchers working with threatened species\n*   Anyone buying, selling, or trading threatened species\n*   Businesses involved in wildlife export/import\n*   The Secretary (government official) who issues permits and enforces compliance\n\n**Why it matters:**\n\nThese regulations put teeth into threatened species protection. Without them, the main Act would be just words on paper. The permit system ensures only qualified, responsible people handle vulnerable wildlife, while the record-keeping and tagging requirements create an audit trail to prevent illegal trafficking and monitor conservation efforts."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument's scope was altered by amendments recorded in the source: regulation 3 was amended (S.R. 2024 No. 96) to define \"deal with\" as a comprehensive list of activities (take, acquire for any consideration, sell, keep, disturb, process, relocate, release, export or import), which clarifies and extends the conduct captured by permits; and Schedule 1 was substituted (S.R. 2024 No. 96), updating the prescribed nomination form. These changes expand and clarify the range of regulated conduct and update procedural forms."},"complexity_factors":["Broad, enumerated definition of \"deal with\" introduced in regulation 3 (includes take, acquire for consideration, sell, keep, disturb, process, relocate, release, export, import) which expands the range of regulated activities.","Secretary's discretionary decision-making in issuing permits, with an open-ended consideration factor (regulation 4(4)(d)) that increases uncertainty for applicants.","Detailed mandatory content and form requirements for permit applications and permits (regulation 4(2), 4(5)) generating administrative compliance tasks.","Powers to amend or revoke permits after notice (regulation 5(2)), creating ongoing regulatory oversight and compliance monitoring.","Recordkeeping and production obligations (regulations 8–9) that impose documentation, retention and reporting duties on permit holders, enforceable by penalties.","Tagging/marking requirements and prohibitions on removal or interference (regulation 7) that add operational constraints and custody obligations.","Criminal/penalty regime with fixed fines and continuing-offence daily penalties across multiple regulations (regs 5–10), raising financial risk for breaches.","Recent amendments (Regulation 3 amended; Schedule 1 substituted, S.R. 2024 No. 96) increase interpretive complexity by changing defined terms and prescribed forms."],"plain_english_summary":"These regulations set out how people may obtain and manage permits to \"deal with\" threatened species in the State, covering applications, authorised activities, tagging, recordkeeping and limits on import/export. They apply to anyone handling listed taxa — for example researchers, breeders, traders and transporters — and place administrative duties and compliance costs on permit holders, give the Secretary discretion to grant, condition, amend or revoke permits, and establish fines for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/threatened-species-protection-regulations-2016","history":"/api/acts/threatened-species-protection-regulations-2016/history","analysis":"/api/acts/threatened-species-protection-regulations-2016/analysis","conflicts":"/api/acts/threatened-species-protection-regulations-2016/conflicts","importantCases":"/api/acts/threatened-species-protection-regulations-2016/important-cases","documents":"/api/acts/threatened-species-protection-regulations-2016/documents"}}