{"id":"tas:sr-2026-055","name":"Threatened Species Protection Regulations 2026","slug":"threatened-species-protection-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"55 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":556504,"registerId":"tas-tas:sr-2026-055-current","compilationNumber":null,"startDate":"2026-08-17","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 2026](/view/html/inforce/2026-10-02/sr-2026-055) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 17 August 2026.","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/2026-10-02/act-1995-083) ;\n> \n> > ***listed taxon permit*** means a permit issued by the Secretary under [regulation 6](#GS6@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Form of nomination for listing","content":"### 4 Form of nomination for listing\n\n> For [section 16(2)](/view/html/inforce/2026-10-02/act-1995-083#GS16@Gs2@EN) of the Act, the form set out in [Schedule 1](#JS1@EN) is prescribed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Types of permits for activities involving listed taxa","content":"### 5 Types of permits for activities involving listed taxa\n\n> For [section 61(2)(a)](/view/html/inforce/2026-10-02/act-1995-083#GS61@Gs2@Hpa@EN) 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](/view/html/inforce/2026-10-02/act-1995-083#GS51@EN) of the Act:\n> \n> > > (a) for educational, research or scientific purposes – taking, keeping or releasing into the wild a specimen of a listed taxon of flora or fauna;\n> > \n> > > (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;\n> > \n> > > (c) in connection with the rehabilitation of an injured, diseased or orphaned specimen of a listed taxon of fauna –\n> > > \n> > > > > (i) catching, collecting or taking in a similar way; or\n> > > > \n> > > > > (ii) keeping, including transferring to the holder of a permit of the same type, for the purpose of treatment or other intervention; or\n> > > > \n> > > > > (iii) releasing into the wild; or\n> > > > \n> > > > > (iv) transferring to the holder of a wildlife exhibition licence within the meaning of the [Nature Conservation (Wildlife) Regulations 2021](/view/html/inforce/2026-10-02/sr-2021-093) , or a similar person, if release is not appropriate; or\n> > > > \n> > > > > (v) destroying, in a lawful manner, to relieve pain or suffering;\n> > \n> > > (d) in connection with translocation for the conservation of a specimen of a listed taxon of flora or fauna –\n> > > \n> > > > > (i) catching, collecting or taking in a similar way; or\n> > > > \n> > > > > (ii) keeping, including relocating; or\n> > > > \n> > > > > (iii) releasing into the wild; or\n> > > > \n> > > > > (iv) importing or exporting;\n> > \n> > > (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;\n> > \n> > > (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;\n> > \n> > > (g) other activities that would otherwise constitute an offence against [section 51](/view/html/inforce/2026-10-02/act-1995-083#GS51@EN) of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Issue of permits for activities involving listed taxa","content":"### 6 Issue of permits for activities involving listed taxa\n\n> > (1)  For [section 61(2)(a)](/view/html/inforce/2026-10-02/act-1995-083#GS61@Gs2@Hpa@EN) of the Act, the Secretary, in deciding whether to grant a permit for an activity that would otherwise constitute an offence against [section 51](/view/html/inforce/2026-10-02/act-1995-083#GS51@EN) of the Act, is to consider the following:\n> > \n> > > > (a) the listed taxa of flora or fauna that are the subject of the application for the permit;\n> > > \n> > > > (b) the proposed activity;\n> > > \n> > > > (c) the applicant’s conduct in relation to any previous permit granted to the applicant;\n> > > \n> > > > (d) any other matter that the Secretary considers relevant.\n> \n> > (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.\n> \n> > (3)  As soon as practicable after receiving the application for the permit, or any further information or evidence requested under [subregulation (2)](#GS6@Gs2@EN) , the Secretary is to –\n> > \n> > > > (a) issue the permit; or\n> > > \n> > > > (b) give the applicant notice that the application is refused.\n> \n> > (4)  The permit is to specify the following:\n> > \n> > > > (a) the listed taxa of flora or fauna to which the permit applies;\n> > > \n> > > > (b) the activities authorised to be undertaken in accordance with the permit;\n> > > \n> > > > (c) the name of the holder of the permit;\n> > > \n> > > > (d) the name of each other person, or the class of persons, authorised to undertake an authorised activity in accordance with the permit;\n> > > \n> > > > (e) the period during which the permit is in force;\n> > > \n> > > > (f) the locations at which the authorised activities are to be undertaken;\n> > > \n> > > > (g) any other terms or conditions imposed by the Secretary under [section 42(1)](/view/html/inforce/2026-10-02/act-1995-083#GS42@Gs1@EN) of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Marking and tagging of listed taxa","content":"### 7 Marking and tagging of listed taxa\n\n> > (1)  For [section 61(2)(c)](/view/html/inforce/2026-10-02/act-1995-083#GS61@Gs2@Hpc@EN) 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 –\n> > \n> > > > (a) apply a mark, or affix a tag, that has been issued by the Secretary; or\n> > > \n> > > > (b) apply a mark, or affix a tag, in the manner specified in the notice.\n> \n> > (2)  The holder of the listed taxon permit must comply with the notice.\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> > (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.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Records to be kept by listed taxon permit holders","content":"### 8 Records to be kept by listed taxon permit holders\n\n> > (1)  For [section 61(2)(d)](/view/html/inforce/2026-10-02/act-1995-083#GS61@Gs2@Hpd@EN) 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:\n> > \n> > > > (a) the listed taxon of flora or fauna to which the activity relates;\n> > > \n> > > > (b) the nature of the activity;\n> > > \n> > > > (c) the number of specimens of the listed taxon to which the activity relates;\n> > > \n> > > > (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;\n> > > \n> > > > (e) each location at which a specimen of the listed taxon is kept or to which it is sent, if applicable;\n> > > \n> > > > (f) any other matter that the Secretary considers relevant.\n> \n> > (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.\n> \n> > (3)  The holder of a listed taxon permit must comply with a notice given to the holder under this regulation.\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":"Offences relating to misrepresentations","content":"### 9 Offences relating to misrepresentations\n\n> > (1)  For [section 61](/view/html/inforce/2026-10-02/act-1995-083#GS61@EN) 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.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (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.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (3)  The holder of a permit must not –\n> > \n> > > > (a) lend or give the permit to another person; or\n> > > \n> > > > (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.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (4)  A person must not –\n> > \n> > > > (a) keep records under these regulations that the person knows are false or misleading in a material particular; or\n> > > \n> > > > (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 –\n> > > > \n> > > > > > (i) informing the Secretary of the manner in which the information or document is false or misleading; and\n> > > > > \n> > > > > > (ii) giving the Secretary any information or document that the person has, or can reasonably obtain, that corrects the false or misleading information.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.","sortOrder":8},{"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[Regulation 4](#GS4@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\n[![graphic image](/image/TSAPp18.gif)](/image/TSAPp18.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 14 August 2026\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The extract supplied contains only title, version information (\"Version current from 17 August 2026\") and navigation/metadata (eg. \"Table of Amending Instruments\", \"Responsible Minister and Department\"). There is no substantive text of regulations in the material shown, so there is insufficient information to determine whether this 2026 version changes the scope of the threatened‑species regime compared with its original intent. To assess scope change reliably would require the full regulatory text and a comparison with earlier versions and the principal Act.\n\nThis is general legal information, not legal advice; Zoe can make mistakes. Before you act on this, rely on it, or use any draft, get a qualified Australian lawyer to check it."},"complexity_factors":["The document metadata includes a \"Table of Amending Instruments\" — indicating the instrument is subject to multiple amendments and versioning.","\"Version current from 17 August 2026\" — up‑to‑date instrument that may consolidate prior changes.","Likely heavy cross‑referencing to the principal Threatened Species Protection Act and possibly other Acts (typical for subordinate regulations).","Probable schedules listing species, threats, or criteria (schedules increase length and technical detail).","Expected defined terms and an interpretation section that create dependency across provisions.","Typical regulatory content (permits, assessment procedures, exemptions) creates nested conditional rules and administrative discretions.","Expected offences, penalties and enforcement powers that introduce legal and procedural complexity for regulated parties.","Administrative roles identified (\"Responsible Minister and Department\") imply delegated decision‑making and guidance instruments may apply."],"plain_english_summary":"**What this instrument is:** The \"Threatened Species Protection Regulations 2026\" are Tasmanian subordinate rules (title: \"Threatened Species Protection Regulations 2026\", \"Version current from 17 August 2026\") that put flesh on the bones of the threatened‑species legal framework. They affect landowners, developers, councils, conservation groups and government agencies because they set procedural requirements, permitting/exemption rules, and enforcement mechanisms for managing listed species and habitats."}},"importantCases":[],"_links":{"self":"/api/acts/threatened-species-protection-regulations-2026","history":"/api/acts/threatened-species-protection-regulations-2026/history","analysis":"/api/acts/threatened-species-protection-regulations-2026/analysis","conflicts":"/api/acts/threatened-species-protection-regulations-2026/conflicts","importantCases":"/api/acts/threatened-species-protection-regulations-2026/important-cases","documents":"/api/acts/threatened-species-protection-regulations-2026/documents"}}