Nature Conservation Act 2002

• Landowners of Crown land and private land that is or could be declared as reserved land or subject to a conservation covenant.
• Hunters, fishers, collectors and researchers who take wildlife or handle protected plants and must comply with wildlife regulations.
• Farmers and rural landowners who may voluntarily enter conservation covenants under Part 5 to protect natural values on their properties.
• Businesses and individuals who deal in wildlife or protected plant products.
• Authorised officers (rangers and police), who exercise enforcement powers under Part 6.
• Local councils and other public bodies, which may own or manage reserved land in some classes.
• Conservation organisations, which may hold or manage conservation covenants.

Wildlife regulations compliance. Part 4 creates the framework for wildlife regulations. Those regulations may prohibit the taking, possession, buying, selling, exportation and disposal of fauna and protected plants. Once regulations are made under ss 26-27, persons must comply with the specific prohibitions and controls in those regulations. Contravention is an offence under the Act.

Conservation covenant obligations. A landowner who registers a conservation covenant under Part 5 must manage their land in accordance with the covenant's terms. The covenant runs with the land and binds successors in title.

Dealing with reserved land. Activities on reserved land must comply with the relevant management plan made under the National Parks and Reserves Management Act 2002 and any reserve-specific conditions.

Compliance with authorised officer requirements. When an authorised officer is exercising enforcement powers under Part 6, persons must comply with lawful directions, production requirements and inspection requirements.

Land reservation. Sections 11-15 empower the Governor or Secretary (depending on the class) to declare land as reserved land in a specified class. Section 16 sets out the classes of reserved land.

Wildlife regulations. Section 26 empowers the making of regulations about fauna, and s 27 empowers regulations about flora. Section 28 provides supplementary regulation-making powers, including allowing different provisions for different parts of the State and different times and circumstances.

Conservation covenants. Part 5 creates the mechanism for conservation covenants, including registration, variation, discharge and enforcement. Covenants may be held by the Crown, a local government, a conservation organisation or other specified body.

Authorised officer powers. Part 6 gives authorised officers broad entry, inspection, search and seizure powers in relation to enforcement of the Act and wildlife regulations. Officers may seize wildlife, products, equipment and vehicles used in contravention of the Act.

Infringement notices. Part 7 (s 62) allows authorised officers to issue infringement notices for prescribed offences as an alternative to prosecution.

The Act uses a penalty unit system:

• Penalties for contravention of wildlife regulations and other offences are expressed as fines in penalty units, with continuing contraventions attracting a daily penalty of not more than 1 penalty unit per day.
• Specific examples in the source text include fines not exceeding 20 penalty units for particular contraventions.
• Seizure of wildlife, equipment and conveyances is an enforcement option for authorised officers under Part 6.
• Infringement notices under Part 7 provide an alternative enforcement pathway for minor offences.

Reservation of land. Declaration of reserved land is made by the Governor or Secretary by statutory instrument. The process may involve environmental assessment and public consultation, particularly for large areas.

Wildlife regulations. Regulations are made by the Governor in Council. The process follows the standard statutory instrument-making process under Tasmanian legislative drafting practice.

Conservation covenant registration. A conservation covenant is registered on the relevant certificate of title. Part 5 sets out the process for creation, variation and discharge of covenants.

Enforcement. Enforcement under Part 6 may proceed by way of infringement notice (Part 7) or criminal prosecution. Prosecutions are heard in the Magistrates Court.

National Parks and Reserves Management Act 2002 (Tas). The Nature Conservation Act 2002 and the National Parks and Reserves Management Act 2002 commenced on the same day and are companion statutes. The latter governs the preparation of management plans for reserved lands and the administration of national parks and reserves by the relevant board.

Nature Conservation (Wildlife) Regulations. The specific prohibitions and controls on wildlife are set out in the wildlife regulations made under Part 4 of the Act. The Act itself only establishes the framework power.

Land Titles Act 1980 (Tas). Conservation covenants under Part 5 are registered on the certificate of title under the land titles system, making them binding on successors in title.

Environment Protection and Biodiversity Conservation Act 1999 (Cth). The Commonwealth EPBC Act applies to matters of national environmental significance, including nationally threatened species and ecological communities. The Tasmanian framework operates alongside the Commonwealth Act for species and habitats that are both nationally threatened and present in Tasmania.

Tasmanian Planning Commission Act 1997 (Tas). The Commission (defined in s 3 by reference to this Act) has a role in relation to planning matters affecting reserved land.

Wildlife regulations carry the operative prohibitions. The Act itself creates the framework but most of the specific rules about what fauna and flora may or may not be taken or traded are in the wildlife regulations, not the Act. Practitioners and users need to consult the current regulations, not just the Act text, to determine what is permitted.

Conservation covenants bind successors in title. Once registered, a conservation covenant runs with the land. A purchaser of land subject to a covenant is bound by its terms regardless of whether they negotiated or agreed to the covenant. Title searches must identify covenants, and buyers must obtain full disclosure of the covenant terms before exchange.

Four or more cats on reserved land. The Act's definition of "cat" (Felis catus) in s 3 and associated wildlife regulations may impose obligations on persons keeping cats near reserved land. The specific obligations depend on the current regulations.

Classes of reserved land have different management regimes. The conservation purposes for each class of reserved land differ under Schedule 1. Activities permitted in a nature recreation area may be prohibited in a national park. Users of reserved land should confirm the relevant class and management plan before undertaking activities.

Example 1: Taking protected wildlife. A person collects Eastern quoll specimens from a nature reserve without a permit. The Eastern quoll is listed as a threatened species and protected under wildlife regulations made under s 26. The person commits an offence under the regulations. An authorised ranger may seize the specimens and equipment used. The person faces prosecution or an infringement notice.

Example 2: Conservation covenant on private land. A farmer owns land with old-growth eucalypt forest. They wish to permanently protect the forest. They enter a conservation covenant under Part 5 with the Crown. The covenant is registered on the certificate of title. If the farm is later sold, the new owner is bound by the covenant and cannot clear the protected forest.

Example 3: Export of protected flora. A person attempts to export dried native orchids (protected plants under s 27 regulations) from Tasmania without a permit. An authorised officer at the port may exercise powers under Part 6 to seize the specimens and issue an infringement notice or commence a prosecution.

Example 4: Activity in a national park. A recreational user wants to conduct a guided tour in a national park. National parks have the strictest conservation purposes under Schedule 1. The activity requires approval under the relevant management plan made under the National Parks and Reserves Management Act 2002. The Nature Conservation Act 2002 provides the framework for the class of land and associated obligations.