New South Wales regulation

Hemp Industry Regulation 2026

In ForceNSW

Jurisdiction

New South Wales

Act Number

438 of 2026

Collection

regulation

Plain English Summary

6/10 complexity

The Hemp Industry Regulation 2026 is the NSW subordinate instrument shown on the site with a current version date of 21 August 2026. The webpage contains only metadata (versioning, authorisation and status) and does not display the regulation’s substantive provisions, so the detailed rules that would affect hemp growers, processors or sellers are not visible here.

The page states “None of the provisions displayed in this version of the legislation have commenced” and that the instrument is due to be automatically repealed on 1 September 2031. This is legal information, not legal advice — get a qualified Australian lawyer to check before you act.

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Deep Dive

2,978 words · generated 02/10/2026

What it does

The Hemp Industry Regulation 2026 sets out application requirements, licence conditions, recordkeeping duties, fees and penalty notice amounts for the scheme under the Hemp Industry Act 2008. It states that it commences on 1 September 2026 and that the Hemp Industry Regulation 2016 is repealed on that date under s 10(2) of the Subordinate Legislation Act 1989. Section 25 preserves acts, matters or things that had effect under the 2016 regulation immediately before repeal, continuing them under the 2026 regulation. The text does not specify which particular acts or arrangements that saving provision will cover.

For applicants, the regulation specifies personal, property and history information to accompany an application. It also identifies additional grounds on which the Secretary may refuse an application. For licensees, it prescribes operational conditions, including keeping activities under the licensee’s control, observing any specified activity area, managing the THC concentration of cultivated hemp, notifying certain events, reporting annually and maintaining a detailed register.

The register requirements form a significant operational component. They cover people involved in cultivation or supply, seed and plant movements, planting, sowing, disposal, harvest and supply of harvested hemp. Information generally must be recorded within 48 hours of the relevant event, and the register must be securely kept.

The regulation also fixes an annual licence fee of $200, while capping application fees approved by the Secretary at $1,000 for a licence application and $500 for renewal or transfer applications. It identifies one penalty notice offence and sets its amount at $550. The regulation relies on the Act for parts of the licensing and enforcement framework; those provisions of the Act are not reproduced here, so this note does not infer their full operation.

Current sections

Direct links to the current provisions in Hemp Industry Regulation 2026.

Part 1

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

This regulation is the Hemp Industry Regulation 2026.

Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Hemp Industry Regulation 2016, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

Definitions

3 Definitions

In this regulation—

concerned close associate means—

(a) in relation to an applicant for a licence or the transfer of a licence—a close associate of the applicant who is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the licence to which the application relates, and

(b) in relation to a licensee—a close associate concerned in, or associated with, the cultivation or supply of low-THC hemp under the licensee’s licence.

hemp, for Part 3, Division 1—see section 9.

identification document means one of the following documents provided the document has not expired—

(a) an Australian driver licence within the meaning of the Road Transport Act 2013,

(b) a passport issued by the Commonwealth,

(c) a Photo Card within the meaning of the Photo Card Act 2005,

(d) a card for proving a person’s age—

(i) issued under a law of the Commonwealth or a State or Territory, and

(ii) containing a photograph of the person in whose name the card is issued.

register means the register that must be kept as a condition of a licence under section 15.

the Act means the Hemp Industry Act 2008.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2

Licensing scheme

Part 2 Licensing scheme

Licence applications must contain certain information

4 Licence applications must contain certain information

For the Act, section 7(2)(c), an application for a licence must include the following information and particulars—

(a) the name, address, date of birth and contact details of—

(i) the applicant, and

(ii) each concerned close associate of the applicant,

(b) a recent photograph or a copy of an identification document for—

(i) the applicant, and

(ii) each concerned close associate of the applicant,

(c) the address of each property at which the activities to be carried out under the licence are proposed to be carried out, including the lot and deposited plan number of each property,

(d) if the applicant does not own the property at which the activities are proposed to be carried out—

(i) the name and address of the owner of the property, and

(ii) evidence of the owner’s consent to use the property for the activities,

(e) if the applicant, or a close associate of the applicant, has been convicted of a drug related offence—details of the offence,

(f) if the applicant, or a close associate of the applicant, has been refused a corresponding authority—details of the refusal,

(g) if the applicant, or a close associate of the applicant, held a corresponding authority that was suspended or cancelled—details of the suspension or cancellation.

Additional circumstances in which Secretary may refuse to grant licence

5 Additional circumstances in which Secretary may refuse to grant licence

(1) For the Act, section 9(6), the Secretary may refuse to grant a licence to an applicant if—

(a) the Secretary is not satisfied the purpose under the Act, section 5 for which the licence is sought is genuine, or

(b) the applicant, or a close associate of the applicant, has previously been refused a licence or corresponding authority, or

(c) the applicant, or a close associate of the applicant, held a licence or corresponding authority that was suspended or cancelled, or

(d) the applicant, or a concerned close associate of the applicant, is less than 18 years of age, or

(e) the applicant has supplied information in the application that, to the applicant’s knowledge, is false or misleading in a material particular, or

(f) for an application for a licence authorising a person to cultivate low-THC hemp for scientific research, instruction, analysis or study—the applicant is unable to demonstrate, to the satisfaction of the Secretary, that the applicant, or a concerned close associate of the applicant, holds the appropriate qualifications, or

(g) for an application for the renewal of a licence—an annual fee payable for the licence being renewed has not been paid in accordance with section 23.

(2) In this section—

appropriate qualifications, in relation to a licence application, mean the educational qualifications and other relevant qualifications and experience required to carry out the proposed scientific research, instruction, analysis or study under the licence.

Licence renewal applications must contain certain information

6 Licence renewal applications must contain certain information

(1) This section applies to an application to renew a licence if—

(a) the licensee applies for the renewal before the licence expires, and

(b) the most recent information held by the Secretary in relation to the licence (the current licence information) remains unchanged.

(2) For the Act, sections 13(3) and 46(2)(c), the application must include the following information and particulars—

(a) the name, address and contact details of the applicant,

(b) the number of the licence,

(c) a declaration by the applicant that the current licence information remains unchanged,

(d) the applicant’s signature,

(e) the date on which the application was signed by the applicant.

(3) Section 4 does not apply to an application that complies with subsection (2).

Licence transfer applications must include certain information

7 Licence transfer applications must include certain information

(1) This section applies to an application to transfer a licence if no information held by the Secretary in relation to the licence (the current licence information) is proposed to be changed other than contact information of the proposed transferee.

(2) For the Act, sections 14(2) and 46(2)(c), the application must include the following information and particulars—

(a) the name, address and contact details of the current licensee,

(b) the number of the licence being transferred,

(c) the name, address, date of birth, and contact details of—

(i) the proposed transferee, and

(ii) each concerned close associate of the proposed transferee,

(d) a recent photograph or a copy of an identification document for—

(i) the proposed transferee, and

(ii) each concerned close associate of the proposed transferee,

(e) if the proposed transferee, or a close associate of the proposed transferee, has been convicted of a drug related offence—details of the offence,

(f) if the proposed transferee, or a close associate of the proposed transferee, has been refused a corresponding authority—details of the refusal,

(g) if the proposed transferee, or a close associate of the proposed transferee, held a corresponding authority that was suspended or cancelled—details of the suspension or cancellation,

(h) a declaration by the current licensee that the current licence information remains unchanged,

(i) the signatures of—

(i) the current licensee, and

(ii) the proposed transferee,

(j) the dates on which the application was signed by—

(i) the current licensee, and

(ii) the proposed transferee.

(3) Section 4 does not apply to an application that complies with subsection (2).

(4) In this section—

contact information, in relation to a proposed transferee, means the proposed transferee’s name, address, date of birth or contact details.

proposed transferee means the person to whom the licence is proposed to be transferred.

Cancellation of licence

8 Cancellation of licence

For the Act, section 16(1)(b), the following grounds are prescribed—

(a) the licensee requests, in writing, that the licence be cancelled,

(b) the Secretary is satisfied that, if the licensee were applying for a new licence, the application could be refused under section 5.

Part 3

Licence conditions

Part 3 Licence conditions

Division 1

Conditions relating to cultivation or supply of hemp

Division 1 Conditions relating to cultivation or supply of hemp

Definition

9 Definition

In this division—

hemp means a plant of the genus Cannabis.

Licence conditions—cultivation or supply of hemp generally

10 Licence conditions—cultivation or supply of hemp generally

For the Act, section 12(1)(a), the following licence conditions are prescribed—

(a) the licensee must ensure activities authorised by the licence remain under the licensee’s control,

(b) if the licence specifies an area in which an activity authorised by the licence must be carried out—the licensee must ensure the activity is carried out only in the specified area,

(c) the licensee must take all necessary steps to ensure hemp cultivated by the licensee has a concentration of THC in the hemp’s leaves and flowering heads that is not more than 1%,

(d) the licensee must immediately notify an authorised officer if the licensee becomes aware of—

(i) unauthorised use or supply of low-THC hemp cultivated or supplied under the licence, or

(ii) proposed unauthorised use or supply of low-THC hemp cultivated or supplied, or intended to be cultivated or supplied, under the licence,

(e) the licensee must take all necessary steps to ensure low-THC hemp cultivated or supplied, or intended to be cultivated or supplied, under the licence is not at risk of being used for an unlawful purpose.

Licence condition—notice of certain test results must be given to Secretary

11 Licence condition—notice of certain test results must be given to Secretary

(1) This section applies to a licence if testing carried out by the licensee relating to the concentration of THC in the leaves and flowering heads of hemp cultivated by the licensee indicates the concentration of THC is more than 1%.

(2) For the Act, section 12(1)(a), it is a condition of a licence that the licensee must give the Secretary a copy of the results of the testing within 24 hours of receiving the results.

Division 2

Other conditions

Division 2 Other conditions

Licence condition—notification of material changes

12 Licence condition—notification of material changes

(1) For the Act, section 12(1)(a), it is a condition of a licence that the licensee must notify the Secretary of a material change in relation to—

(a) activities carried out under the licence, or

(b) information held by the Secretary in relation to the licence.

(2) The notice must—

(a) be given within 14 days of the change occurring, and

(b) be in the form approved by the Secretary, and

(c) include—

(i) the licence number, and

(ii) a description of the change.

(3) Notice given in relation to the following material changes must include—

(a) if the licensee’s, or a close associate of the licensee’s, name, address or contact details change—details of the change,

(b) if a new person becomes a concerned close associate of the licensee—the name, address, date of birth and contact details of the concerned close associate,

(c) if the intended destination for the supply of hemp cultivated and supplied under the licence changes—the new intended destination and reason for the change,

(d) if the focus of scientific research, instruction, analysis or study for a licence granted for that purpose changes—details of the new focus of scientific research, instruction, analysis or study.

Licence condition—notification of convictions

13 Licence condition—notification of convictions

(1) For the Act, section 12(1)(a), it is a condition of a licence that the licensee must give the Secretary written notice if—

(a) the licensee is convicted of a drug related offence, or

(b) a close associate of the licensee is convicted of a drug related offence.

(2) Notice must be given under this section—

(a) for subsection (1)(a)—within 5 business days after the day on which the licensee is convicted, or

(b) for subsection (1)(b)—within 5 business days after the earlier of—

(i) the day on which the licensee becomes aware a concerned close associate has been convicted of a drug related offence, or

(ii) the day on which the licensee should reasonably have known a concerned close associate had been convicted of a drug related offence.

Licence condition—annual reports

14 Licence condition—annual reports

(1) For the Act, sections 12(1)(a) and 46(2)(a), it is a condition of a licence that the licensee must give the Secretary a report of the activities carried out under the licence during each financial year.

(2) The report must be given on or before 1 August of the following financial year.

(3) The report must include the information and be in the form specified by the Secretary by written notice.

(4) The written notice must be—

(a) published on a NSW Government website, or

(b) given to the licensee.

(5) In this section—

financial year means a period of 12 months commencing on 1 July.

Licence condition—register must be kept

15 Licence condition—register must be kept

For the Act, sections 12(1)(a) and 46(2)(a), it is a condition of a licence that the licensee must—

(a) keep a register in accordance with sections 16–18, and

(b) if the licence is transferred—give a copy of the register to the new licensee in accordance with section 19, and

(c) give a copy of the register to the Secretary in accordance with section 20.

Part 4

Register

Part 4 Register

Content of register

16 Content of register

(1) The register must contain the following information—

(a) for each person employed or otherwise involved in carrying out activities relating to the cultivation or supply of low-THC hemp under the licence—

(i) the person’s name and address, and

(ii) details of a proof of identity document for the person,

Examples—

the passport number of the person’s passport or the licence number of the person’s driver licence

(b) for seeds or plants supplied or obtained under the licence—

(i) the date the seeds or plants are supplied or obtained, and

(ii) the number or weight of the seeds or number of the plants, and

(iii) the variety of the seeds or plants, and

(iv) the name of the person to whom the seeds or plants are supplied or from whom the seeds or plants are obtained,

(c) in relation to the sowing of seeds under the licence—

(i) the date the seeds are sown, and

(ii) the number or weight of the seeds, and

(iii) the variety of the seeds, and

(iv) the location where the seeds are sown,

(d) in relation to the planting of plants under the licence—

(i) the date the plants are planted, and

(ii) the number and variety of the plants, and

(iii) the location where the plants are planted,

(e) in relation to the disposal or destruction of seeds or plants under the licence—

(i) the date of the disposal or destruction, and

(ii) the number or weight of the seeds or number of the plants, and

(iii) the variety of the seeds or plants, and

(iv) the location where the seeds or plants are disposed or destroyed, and

(v) the way in which the seeds or plants are disposed or destroyed, and

(vi) the reason for the disposal or destruction,

(f) in relation to the harvesting of low-THC hemp under the licence—

(i) the date of the harvest, and

(ii) the quantity and variety of the plants harvested, and

(iii) if seeds are obtained from the harvested plants—the number or weight and variety of the seeds, and

(iv) the location of the harvest,

(g) in relation to the supply of harvested low-THC hemp under the licence—

(i) the date of supply, and

(ii) the name of the person to whom the hemp is supplied, and

(iii) the condition of the hemp, including the following—

(A) if the harvested hemp includes plants—whether the plants are fresh or dried,

(B) if the harvested hemp includes seeds—whether the seeds are viable or have been treated to make the seeds non-viable.

(2) In this section—

plant includes plant tissue, a clone, a cutting and a seedling.

planting, in relation to a plant, includes transplanting the plant, or a part of the plant, into other matter.

Example—

planting of plant tissue, clones, cuttings or seedlings in rooting media

Recording information in register

17 Recording information in register

(1) Information must be recorded in the register within 48 hours of the event to which the information relates.

(2) The register must identify—

(a) the person who recorded the information, and

(b) the date the information was recorded in the register.

Form and security of register

18 Form and security of register

(1) The register must be—

(a) in a legible form in English, or

(b) in another form that is—

(i) readily accessible, and

(ii) convertible into a legible form in English.

(2) The register must be kept securely to prevent tampering with the register.

Register must be given to new licensee if licence transferred

19 Register must be given to new licensee if licence transferred

The licensee transferring a licence must, before the date of the transfer, give the person to whom the licence is being transferred a copy of the register kept by the licensee under this part.

Register must be given to Secretary in certain circumstances

20 Register must be given to Secretary in certain circumstances

A licensee must give the Secretary a copy of the register—

(a) if the licensee has not, in accordance with the Act, section 13(2), applied to the Secretary to renew the licence at least 28 days before the licence is due to expire—by the date on which the licence expires, and

(b) if the Secretary, by written notice given to the licensee, requires a copy of the register—by the date specified in the notice.

Part 5

Miscellaneous

Part 5 Miscellaneous

Corresponding laws

21 Corresponding laws

For the Act, section 3(1), definition of corresponding law, the following laws are declared to be corresponding laws—

(a) for the Act, section 3(1), definition of corresponding authority, the following—

(i) the Narcotic Drugs Act 1967 of the Commonwealth,

(ii) the Drugs Misuse Act 1986 of Queensland,

(iii) the Industrial Hemp Act 2015 of Tasmania,

(iv) the Poisons Act 1971 of Tasmania,

(v) the Drugs, Poisons and Controlled Substances Act 1981 of Victoria,

(vi) the Industrial Hemp Act 2004 of Western Australia,

(b) for the Act, section 3(1), definition of drug related offence, the following—

(i) the Criminal Code 2002 of the Australian Capital Territory, Chapter 6,

(ii) the Criminal Code Act 1995 of the Commonwealth, Schedule, Parts 9.1 and 9.2,

(iii) the Misuse of Drugs Act 1990 of the Northern Territory,

(iv) the Drugs Misuse Act 1986 of Queensland,

(v) the Controlled Substances Act 1984 of South Australia,

(vi) the Misuse of Drugs Act 2001 of Tasmania,

(vii) the Drugs, Poisons and Controlled Substances Act 1981 of Victoria,

(viii) the Misuse of Drugs Act 1981 of Western Australia.

Arrangements for supply of information

22 Arrangements for supply of information

For the Act, section 37(3), definition of relevant agency, paragraph (g), the Ministry of Health is prescribed.

Fees

23 Fees

(1) For the Act, section 39(1), the following fees payable under the Act must not be more than the maximum amount specified in Schedule 1 for the fee—

(a) the fee approved by the Secretary for an application for a licence,

(b) the fee approved by the Secretary for the following applications—

(i) the renewal of a licence,

(ii) the transfer of a licence.

(2) For the Act, section 46(2)(b), the annual licence fee payable under this regulation is specified in Schedule 1.

(3) The annual licence fee is payable to the Secretary—

(a) by each anniversary of the date the licence was first issued, or

(b) if the licence is renewed—by each anniversary of the date the renewed licence was issued.

(4) The annual licence fee is payable if the licence is suspended.

(5) The Secretary may waive all or part of the annual licence fee in circumstances the Secretary considers appropriate.

Penalty notice offences

24 Penalty notice offences

(1) For the Act, section 45(2) and (4)—

(a) each offence created by a provision specified in Schedule 2 is an offence for which a penalty notice may be issued, and

(b) the amount payable for the penalty notice is the amount specified opposite the provision.

(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

Savings

25 Savings

An act, matter or thing that, immediately before the repeal of the Hemp Regulation 2016, had effect under that regulation continues to have effect under this regulation.

Schedule 1

Fees

Schedule 1 Fees

section 23

| Item | Type of fee | Fee | | 1 | Licence application—maximum fee | $1,000 | | 2 | Licence renewal or transfer application—maximum fee | $500 | | 3 | Annual licence fee | $200 |

Note—

The licence application, renewal and transfer fees are approved by the Secretary but must not be more than the maximum amount set by this regulation. See the Act, section 39(1).

Schedule 2

Penalty notice offences

Schedule 2 Penalty notice offences

section 24

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of regulation

This regulation is the Hemp Industry Regulation 2026.

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Hemp Industry Regulation 2016, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

In this regulation—

concerned close associate means—

(a) in relation to an applicant for a licence or the transfer of a licence—a close associate of the applicant who is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the licence to which the application relates, and

(b) in relation to a licensee—a close associate concerned in, or associated with, the cultivation or supply of low-THC hemp under the licensee’s licence.

hemp, for Part 3, Division 1—see section 9.

identification document means one of the following documents provided the document has not expired—

(a) an Australian driver licence within the meaning of the Road Transport Act 2013,

(b) a passport issued by the Commonwealth,

(c) a Photo Card within the meaning of the Photo Card Act 2005,

(d) a card for proving a person’s age—

(i) issued under a law of the Commonwealth or a State or Territory, and

(ii) containing a photograph of the person in whose name the card is issued.

register means the register that must be kept as a condition of a licence under section 15.

the Act means the Hemp Industry Act 2008.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Licensing scheme

4 Licence applications must contain certain information

For the Act, section 7(2)(c), an application for a licence must include the following information and particulars—

Section 24 makes offences under s 6 of the Act eligible for a penalty notice and sets the penalty notice amount at $550. The supplied regulation does not reproduce s 6 of the Act, so it does not show what conduct constitutes that offence, what elements must be established, or whether any defences or qualifications apply. Section 24(2) limits a penalty notice where the offence provision restricts its operation to particular kinds of offences or circumstances: the notice may be issued only for the limited kind or circumstances specified by that provision.

The $550 amount is a penalty notice amount, not a complete account of every possible consequence under the Act. The regulation does not state whether an offence can also be prosecuted, what maximum court penalty may apply, or the process for reviewing or contesting a penalty notice. Those questions require the relevant Act provisions and any applicable procedural rules, which are not reproduced here.

Licence refusal and cancellation are separate regulatory mechanisms. Under s 5, the Secretary may refuse a licence on listed grounds, including lack of a genuine statutory purpose, specified prior refusals or suspensions, an applicant or concerned close associate being under 18, knowingly supplied materially false or misleading application information, inadequate qualifications for specified research licences, or an unpaid annual fee on renewal. Section 8 prescribes two grounds for cancellation under the Act: a written request from the licensee, or the Secretary being satisfied that a new application could be refused under s 5. The regulation does not set out the Act’s notice, review or decision-making procedures.

Licence conditions also create enforcement-relevant records and deadlines. Examples include the 24-hour testing-result notification, the 14-day material-change notice, and the 48-hour register-entry deadline. The regulation specifies these obligations but does not state the consequences of each breach. Those consequences should not be inferred from the $550 penalty notice entry, which is specifically tied to an offence under Act s 6.

Deep Dive

What it does

Current sections

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

Commencement

2 Commencement

Definitions

3 Definitions

Licensing scheme

Part 2 Licensing scheme

Licence applications must contain certain information

4 Licence applications must contain certain information

Additional circumstances in which Secretary may refuse to grant licence

5 Additional circumstances in which Secretary may refuse to grant licence

Licence renewal applications must contain certain information

6 Licence renewal applications must contain certain information

Licence transfer applications must include certain information

7 Licence transfer applications must include certain information

Cancellation of licence

8 Cancellation of licence

Licence conditions

Part 3 Licence conditions

Conditions relating to cultivation or supply of hemp

Division 1 Conditions relating to cultivation or supply of hemp

Definition

9 Definition

Licence conditions—cultivation or supply of hemp generally

10 Licence conditions—cultivation or supply of hemp generally

Licence condition—notice of certain test results must be given to Secretary

11 Licence condition—notice of certain test results must be given to Secretary

Other conditions

Division 2 Other conditions

Licence condition—notification of material changes

12 Licence condition—notification of material changes

Licence condition—notification of convictions

13 Licence condition—notification of convictions

Licence condition—annual reports

14 Licence condition—annual reports

Licence condition—register must be kept

15 Licence condition—register must be kept

Register

Part 4 Register

Content of register

16 Content of register

Recording information in register

17 Recording information in register

Form and security of register

18 Form and security of register

Register must be given to new licensee if licence transferred

19 Register must be given to new licensee if licence transferred

Register must be given to Secretary in certain circumstances

20 Register must be given to Secretary in certain circumstances

Miscellaneous

Part 5 Miscellaneous

Corresponding laws

21 Corresponding laws

Arrangements for supply of information

22 Arrangements for supply of information

Fees

23 Fees

Penalty notice offences

24 Penalty notice offences

Savings

25 Savings

Fees

Schedule 1 Fees

Penalty notice offences

Schedule 2 Penalty notice offences

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas