The central concept is “deal with” in respect of a listed taxon. It is defined expansively in regulation 3 to mean: take, acquire for any consideration, sell, keep, disturb, process, relocate, release, export or import. This definition was amended by S.R. 2024 No. 96 to include “relocate” and “release”, likely to capture activities such as translocation or captive breeding release that were previously arguably outside the definition. The term “sell” is also defined very broadly, covering not only actual sales but also offer, display or expose for sale, keep in possession for sale, barter or exchange, deal in or agree to sell, supply or deliver for sale or in expectation of payment, and authorise, cause, encourage, attempt or allow any of those acts. This means that even holding a specimen with the intention to sell it later, or trying to sell it, triggers the definition even if no transaction occurs.

A “listed taxon” is a species, subspecies or variety that is listed as threatened under the Act. The Regulations themselves do not define which taxa are listed; that is a matter for the Act and its schedules. “Export” means export from the State (Tasmania) and “import” means import into the State (regulation 3). These are State-only movements; interstate movement is also captured if the border is crossed. A “listed taxon permit” is a permit issued by the Secretary under regulation 4. It is the only lawful way to “deal with” a listed taxon unless the Act itself provides an exemption (none is mentioned in the Regulations). “Notice” in relation to a permit means a notice in writing served on the holder.

The permit itself is the key legal artefact. It must specify the taxon or group of taxa, the authorised dealing, the name of the holder and, optionally, the names or classes of persons permitted to act, the period, the location, and any other terms and conditions (regulation 4(5)). A permit authorises not only the named holder but also, unless the permit says otherwise, any employee or subcontractor acting on the holder’s behalf with written authority (regulation 5(1)(b)). This is a notable default: it extends the permit’s authority to agents without requiring them to be individually named or vetted. The Secretary retains the power to amend or revoke a permit after giving notice (regulation 5(2)), but the Regulations do not specify any grounds or procedures for such amendment or revocation, leaving the Secretary with very wide latitude.

Two additional concepts are “tag or mark” and “listed taxon record”. A tag or mark may be required by notice from the Secretary for permits authorising the taking of a listed taxon. The holder must affix it in the manner specified, and it may be supplied by the Secretary or of a kind specified (regulation 7). The listed taxon record, if required by notice, must include the name of the taxon, number of specimens or eggs or parts dealt with, the names and addresses of buyers and sellers (if applicable), and the name of each place or institution to which the taxon or part is sent or left (regulation 8). This record must be provided to the Secretary upon further notice. The Regulations do not specify retention periods for the record, only that it must be given within the period specified in the notice.

Finally, the nomination form for adding or omitting a taxon is prescribed by reference to a statutory form in Schedule 1. The Schedule was substituted by S.R. 2024 No. 96, effective 24 December 2024. It reproduces a multi-page form that requires information about the applicant, the taxon, the reasons for listing or delisting, supporting evidence, and consultation. This is the only form prescribed; other regulatory actions (applications, notices, permits) do not have a prescribed form beyond the requirement to be in writing.

The Regulations primarily affect any person or entity in Tasmania (or dealing with taxa entering or leaving Tasmania) whose activities involve a listed threatened taxon. This includes scientific researchers conducting field surveys or collecting specimens, private collectors, zoos and wildlife parks, nurseries and botanical gardens, land developers and farmers whose land clearing or agricultural practices may disturb listed plants or animals, environmental consultants engaged for impact assessments, museums and herbaria, and individuals involved in wildlife rescue, rehabilitation, relocation or captive breeding. The definition of “deal with” is so wide that almost any interaction with a listed taxon - from disturbing its habitat (through “disturb”) to taking it, selling it, or even keeping it in captivity - requires a permit unless the Act provides an exemption. The import and export prohibition captures anyone moving listed taxa across Tasmania’s borders, including interstate and overseas movements.

Permit holders are directly affected by the broad conditions that the Secretary may impose, the possibility of amendment or revocation, and the discretionary notices for tagging and record-keeping. Employees and subcontractors of permit holders are also affected because they may act under the permit by default, but they are also subject to the permit’s conditions and any notices served on the holder. The penalty provisions apply to any person, not just permit holders: the offence of importing or exporting without a permit (regulation 6) and making false statements (regulation 10) can be committed by anyone. The false statements offence applies to “keeping or giving any information required under these regulations” and covers statements made in permit applications, listed taxon records, or any other information required by a notice.

State government officers, particularly the Secretary (in practice the Department of Natural Resources and Environment Tasmania), are the regulators. They exercise significant discretion in issuing, conditioning, amending and revoking permits, and in deciding whether to serve notices for tagging, marking or record-keeping. No independent merits review or appeal mechanism is mentioned in the Regulations themselves, though the Act may provide avenues. The Regulations do not appear to affect the general public directly unless they handle listed taxa, but the broad prohibition on dealings could catch unintentional activities - for instance, a person who “disturbs” a listed plant while walking through bushland could theoretically be in breach, though enforcement is likely reserved for more deliberate conduct.

Businesses in the nursery trade, pet trade, horticulture, seed collecting, ecotourism, and wildlife photography may be affected if their activities involve listed species. The compliance burden falls disproportionately on those who need permits, because they must prepare detailed applications, wait for the Secretary’s decision, accept whatever conditions are imposed, maintain records if required, affix tags if required, and face potential daily penalties for non-compliance. The discretionary nature of tagging and record-keeping notices means the compliance burden is unpredictable; a permit holder may incur additional costs at any time if the Secretary decides to issue a notice. The Regulations do not prescribe any fee for permits, but the application process itself creates transaction costs.

Because the Regulations are subordinate to the Act, anyone who is already exempt under the Act (for example, activities authorised under other legislation, or perhaps Aboriginal cultural uses) might not need a permit, but the Regulations do not list such exemptions. The interaction with other laws is discussed below in “How it interacts with other laws”. In summary, the effective scope of the Regulations is very broad: any “dealing” with a listed taxon that is not specifically exempted by the Act requires a permit, and the permit itself is highly discretionary.

The primary right is the right to apply for a listed taxon permit under regulation 4(1). The applicant may request permits for a single taxon or a group of taxa. The application must be in writing and contain specified information (name, address, intended persons, taxon, dealing, time period, location) and be supported by such information or evidence as the Secretary may require (regulation 4(2)). The Secretary has three options upon receipt: issue the permit, request further information, or refuse to issue it (regulation 4(3)). The Secretary must have regard to the kind of taxon, the proposed dealing, the applicant’s conduct with previous permits, and any other relevant matter (regulation 4(4)). This is not a constrained list; the “any other matter” clause effectively gives the Secretary unlimited discretion. There is no stated right to a hearing or reasons for refusal, though the Act may impose procedural fairness.

Once a permit is issued, the holder has the right to authorise employees or subcontractors to act under it, unless the permit provides to the contrary (regulation 5(1)(b)). This is a significant default delegation that reduces the need for multiple permits. However, the holder bears responsibility for ensuring those persons comply (regulation 5(3) makes it an offence to contravene or cause or allow another to contravene a term or condition). The holder also has the right to continue operating under the permit until it expires or is amended or revoked. The Secretary must give notice before amending or revoking (regulation 5(2)), but no grounds are specified, so the holder’s right to tenure is weak.

The key duties begin with the duty not to “deal with” a listed taxon without a permit. That duty is implicit in the permitting scheme; the specific offence of importing or exporting without a permit is explicit in regulation 6, but dealing without a permit is likely also an offence under the Act. If a permit is obtained, the holder must comply with all terms and conditions, including any restrictions on the species, the nature of the dealing, the location, the time period, and any special conditions the Secretary includes (regulation 5(3)). Failure attracts a fine up to 100 penalty units plus continuing daily penalties.

Additional duties may arise if the Secretary serves notices. For permits authorising “taking” (which includes collecting or capturing), the Secretary may require the holder to affix a tag or mark to each specimen taken (regulation 7(2)). The holder must comply with such a notice (regulation 7(4)), must not remove the tag or mark without authorisation (regulation 7(5)), and must not damage or interfere with it (regulation 7(6)). These duties are backed by separate penalties of up to 100 penalty units.

The Secretary may also require the holder to keep a listed taxon record (regulation 8(2)) and to provide a copy to the Secretary within a specified period (regulation 9). The record must contain specific details: name of taxon, number of specimens or eggs or parts dealt with, details of buyers and sellers if applicable, and locations where specimens are sent or left (regulation 8(1)). The holder must comply with these notices. There is no maximum period specified for retaining records; the notice will specify the period.

Finally, any person giving information required under the Regulations must not make false or misleading statements, and must not omit material knowing that would make the statement misleading, nor provide a known false document without disclosing that knowledge (regulation 10). This duty applies to permit applications, listed taxon records, and any other information. The penalty is again up to 100 penalty units.

In summary, the structure gives the holder a circumscribed permission to deal with listed taxa, subject to potentially onerous conditions that can be added or changed at any time by notice, with significant financial penalties for non-compliance. The rights are limited to the ability to apply and to have employees/subcontractors act under the permit; beyond that, the Secretary’s discretion predominates.

The Regulations create multiple offences, each carrying a maximum fine of 100 penalty units, with additional daily penalties for continuing offences. The specific offences are:

• Contravening a term or condition of a listed taxon permit: fine up to 100 penalty units and, for a continuing offence, a further fine up to 20 penalty units for each day the contravention continues (regulation 5(3)).
• Knowingly importing or exporting a listed taxon without a permit, or knowingly causing or allowing such import/export: fine up to 100 penalty units and, for a continuing offence, a further fine up to 20 penalty units per day (regulation 6).
• Failing to comply with a tagging or marking notice: fine up to 100 penalty units and, for a continuing offence, a further fine up to 20 penalty units per day (regulation 7(4)).
• Removing a tag or mark affixed in accordance with regulation 7 without authorisation: fine up to 100 penalty units (regulation 7(5)) - this offence is not expressed as continuing, despite its nature.
• Damaging or interfering with a tag or mark: fine up to 100 penalty units (regulation 7(6)) - similarly no daily penalty.
• Failing to comply with a notice to keep a listed taxon record: fine up to 100 penalty units and, for a continuing offence, a further fine up to 20 penalty units per day (regulation 8(3)).
• Failing to comply with a notice to provide a copy of the record: fine up to 100 penalty units and, for a continuing offence, a further fine up to 20 penalty units per day (regulation 9(2)).
• Making a false or misleading statement, omitting matter with that knowledge, or providing a known false document without disclosure: fine up to 100 penalty units (regulation 10). This offence does not carry a daily penalty; it is a single act offence.

The daily penalty provision is significant for ongoing breaches: if a permit holder fails to tag specimens for a week, for example, the penalty could be 100 penalty units plus 7 x 20 = 140 penalty units in daily fines, totaling 240 penalty units. At current rates (a penalty unit in Tasmania is $193.00 for 2025-26, indexed), 100 penalty units is $19,300, and 20 penalty units is $3,860 per day. The potential liability escalates quickly for continuing non-compliance.

Enforcement is not detailed in the Regulations themselves. The Act presumably gives authorised officers the power to enter premises, inspect records, seize specimens, and prosecute. The Secretary is the decision-maker for permit matters and for issuing notices; enforcement would likely be by the Department or the Director of Public Prosecutions. The offence provisions are strict in the sense that they do not require proof of knowledge for most duties - only the import/export offence (regulation 6) and the false statement offence (regulation 10) explicitly require knowledge. The duty to comply with notices, tag-marking requirements, and permit conditions appears to be strict liability, subject to any defences in the Act. This places a heavy burden on permit holders to ensure they are aware of and comply with all notices and conditions.

No civil penalties or infringement notices are mentioned; all offences are criminal with fines only (no imprisonment). The maximum fines are substantial but not extraordinary relative to commercial exploitation of protected species. The fact that the penalties are all fines suggests the intention is deterrence rather than incapacitation. The Regulations do not address forfeiture of specimens, seizure, or other enforcement tools, which are likely in the Act.

The Regulations are made under the Threatened Species Protection Act 1995 (Tasmania) and derive their authority from that Act. They sit within a broader framework of Tasmanian and Commonwealth environmental laws. The Act itself creates the listing process for threatened taxa and establishes offences for taking or dealing with listed taxa without a permit; the Regulations fill in the procedural details for permits, records, and nomination. Any permit issued under these Regulations is a permit under the Act, and its terms and conditions must be consistent with the Act.

The Regulations do not exempt a person from other legal requirements. For example, if dealing with a listed taxon also involves clearing native vegetation, that may require approval under the Tasmanian Nature Conservation Act 2002 or the Land Use Planning and Approvals Act 1993. If the taxon is listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), additional approval from the Federal Environment Minister may be required for actions that have a significant impact on a nationally listed threatened species. The Regulations do not contain any exemption or streamlining for dual approvals; a person would need to navigate both State and Commonwealth regimes separately.

The import and export prohibition in regulation 6 is confined to import into or export from the State of Tasmania. This is narrower than the Commonwealth’s export controls under the EPBC Act. However, an exporter from Tasmania would need to comply both with these Regulations (to take or export the taxon from Tasmania) and with the EPBC Act (to export it from Australia, or even to move it interstate if the species is listed nationally). Interstate movement out of Tasmania is still “export” under the Regulations, but the destination state’s laws may also apply.

The Regulations may also interact with the Tasmanian Wildlife Regulations 1999 (if any) and the Living Marine Resources Management Act 1995 for aquatic species. The definition of “deal with” includes “keep” - this could overlap with animal welfare legislation (Animal Welfare Act 1993) if the keeping of a listed animal is involved. The tagging requirement under regulation 7 is similar to tagging regimes for abalone or rock lobster, suggesting the Regulations were designed to blend into existing natural resource management frameworks.

The nomination form in Schedule 1 is specifically prescribed for the purposes of section 16(2) of the Act, which deals with public nominations to amend the threatened species schedules. This is a formal process and the prescribed form must be used. If a nomination is made using a different format, it may be invalid.

Lastly, the Regulations do not purport to override private property rights. A person may own land on which a listed plant grows, but the Regulations would still prohibit “dealing” with that plant without a permit (e.g., taking cuttings, disturbing the plant). The interface with property law is unresolved in these Regulations; the Act likely contains provisions about taking on private land. The “disturb” element could catch normal farming or forestry activities if they affect listed taxa, potentially requiring a permit or a different type of approval. There is no express statement that these Regulations prevail over other laws, so the usual principle of harmonious interpretation applies.

The Regulations were originally made on 11 October 2016 (commencement date under regulation 2) and have been amended once. The sole amendment is by S.R. 2024, No. 96, applied on 24 December 2024. That amendment did two things. First, it substituted a new definition of “deal with” in regulation 3. The original definition likely did not include “relocate” or “release”; the 2024 amendment added those two words, expanding the scope of dealings that require a permit. This suggests that the regulator identified gaps in coverage for actions like translocating a species or releasing it back into the wild, and moved to close them. Second, the amendment substituted the whole of Schedule 1 - the nomination form for addition or omission of a taxon under section 16(2) of the Act. The new Schedule 1 contains a multi-page form (as shown in the graphic images in the source) replacing whatever previous form existed. This update likely reflects administrative changes in the Department, perhaps digital improvements or changes in required information.

No other amendments are recorded in the source. The Regulations have therefore remained largely unchanged for eight years, with only a targeted expansion of the “deal with” definition and an updated form. This suggests that the core regulatory framework - discretionary permits, notices, tagging, records, and penalties - has been deemed workable by the Department. However, the broad discretion given to the Secretary and the lack of procedural safeguards remain as they were in 2016. The 2024 amendment did not introduce any review mechanisms, nor did it limit the Secretary’s discretion. It only expanded the definition and updated the form. Future amendments might be expected if further gaps are identified or if the Act is amended, but none are signaled in the source.

The source text does not mention any litigation related to the Regulations. No cases are cited, and no court decisions are referenced. This could mean that the Regulations have not been challenged in court, or that any challenges have been unreported or are not significant enough to be noted in the compiled text. Given that the Regulations are procedural and subordinate, they are less likely to be directly litigated than the Act itself. Challenges might arise if a permit is refused or revoked, or if an offence prosecution occurs, but such cases would typically be decided under the Act’s provisions rather than the Regulations alone. The broad discretion in regulation 4(4)(d) (“any other matter the Secretary considers relevant”) invites judicial review arguments about unreasonableness, jurisdictional error, or procedural fairness, but no such cases are recorded in the source. Practitioners should be aware that the law is untested in this regard, and the outcome of any challenge would depend heavily on the facts and the standard of review applied. The absence of litigation history does not mean the Regulations are immune to challenge; it simply means no reported decisions exist. Compliance risks remain.

Several features of the Regulations can trip up unsuspecting persons or permit holders. First, the definition of “deal with” is extraordinarily broad, and the 2024 amendment added “relocate” and “release”. Moving an injured bird from one location to another, or releasing a captive-bred animal, now requires a permit even if the movement is intended to help the species. Many well-meaning conservation activities could inadvertently be unlawful without a permit. Second, the definition of “sell” is so wide that it captures offers, attempts, and even merely keeping something in possession for sale. A person who has a listed taxon that they intend to sell but have not yet offered it is still “dealing” by selling, and thus needs a permit. The definition also includes “barter or exchange” and “agree to sell”, so a swap of listed specimens or a conditional agreement triggers the permit requirement even if no money changes hands.

Third, the Secretary’s power to impose notices for tagging and record-keeping is discretionary and unbounded. A permit holder may receive a notice months into the permit term requiring them to retroactively tag specimens already taken, or to compile records for past dealings. The Regulations do not limit the Secretary’s ability to impose onerous requirements, and non-compliance triggers daily penalties from the date of the notice. Fourth, the “any other matter” factor in permit decisions (regulation 4(4)(d)) means an applicant cannot be confident about the criteria. The Secretary could consider unrelated conduct, the applicant’s political views, or the public profile of the applicant, and a refusal on such grounds would be difficult to challenge on its face. Fifth, the power to amend or revoke a permit after notice (regulation 5(2)) lacks any listed grounds. The Secretary can revoke a permit for any reason, or no reason, as long as notice is given. This creates significant business uncertainty for permit holders who rely on the permit for ongoing activities, such as a wildlife park that keeps listed species.

Sixth, the default rule that employees and subcontractors can act under the permit (regulation 5(1)(b)) might be surprising. A permit holder may be unaware that their employees are authorised, and likewise unaware that the holder is liable for employee contraventions. The holder cannot simply give written authority and walk away; they must actively ensure compliance. Conversely, an employer who does not want employees to act independently must check that the permit specifies otherwise. Seventh, the record-keeping requirements, if triggered, mandate details of buyers and sellers. This privacy requirement could conflict with commercial confidentiality concerns. The record must be provided to the Secretary upon request, with no guarantee of non-disclosure. Eighth, the false statement offence (regulation 10) includes omissions. If a permit holder provides a record that is technically accurate but omits a material fact (e.g., that a specimen was sold to a person who also holds a permit), they may be liable even if they did not intend to mislead. The phrase “knowing that without that matter the statement is false or misleading” sets a high mens rea threshold, but the risk remains for careless record-keepers.

Ninth, the import and export prohibition in regulation 6 applies to import into the State and export from the State. This means that moving a listed taxon from Victoria to Tasmania is import, even if both States have the same native species. A researcher who collects a plant in Victoria and brings it to a Tasmanian herbarium would need a permit. Similarly, sending a listed taxon to an interstate address would be export. The boundary is the State border, not the national border. Tenth, the tagging requirement (regulation 7) only applies if the permit authorises “taking” and the Secretary issues a notice. However, if a notice is issued, the tag or mark must be affixed in the manner specified. The holder cannot simply buy a metal tag; the Secretary may require a specific kind of tag or supply one. Delays in obtaining tags could cause the holder to be in non-compliance. Finally, the nomination form (Schedule 1) is the only prescribed form. Any other required communication (applications, notices, records) must be in writing but can be in any format. However, the Secretary may reject a non-standard application as not meeting the requirements of regulation 4(2). Practitioners should always make the application as clear and complete as possible to avoid delays or requests for further information.

Compliance begins before any activity involving a listed taxon takes place. The first step is to identify whether the species in question is listed under the Act. If it is, and the proposed activity falls within the definition of “deal with” (which is very broad - take, acquire, sell, keep, disturb, process, relocate, release, export, import), then a listed taxon permit must be obtained from the Secretary under regulation 4. There is no exemption for low impact activities, for scientific research, or for conservation purposes unless the Act itself provides one. The applicant must prepare a written application containing the information specified in regulation 4(2) and any supporting evidence or information the Secretary may require. It is prudent to include comprehensive information at the outset to minimise requests for further information. The Secretary has three options: issue, request more info, or refuse. There is no time limit stated for the Secretary’s decision, so planning should allow for delays.

If the permit is issued, the holder must carefully read the terms and conditions specified in the permit (regulation 4(5)(b)(vii)). These conditions may restrict the number of specimens, the methods of taking, the locations, and may include obligations to report to the Secretary regularly. The holder must ensure that any employees or subcontractors who will act under the permit are authorised in writing and are aware of the conditions (regulation 5(1)(b) default applies, but the holder remains liable for their actions). The better practice is to keep a written delegation for each person and to train them on the permit conditions. The holder must not contravene any term or condition, nor cause or allow another person to contravene them.

If the permit authorises “taking” (which includes collecting, capturing, etc.), the holder should be aware that the Secretary may at any time serve a notice requiring the affixing of tags or marks to taken specimens (regulation 7). The holder must comply with such a notice and must not remove, damage or interfere with any such tag or mark. Therefore, if a notice is received, the holder should immediately obtain (or request from the Department) the required tags and affix them in the specified manner. The notice period is not specified; presumably the notice will state a deadline.

Similarly, the Secretary may serve a notice requiring the holder to keep a listed taxon record (regulation 8) and later to provide a copy (regulation 9). To be prepared, the holder should proactively maintain records of all dealings, even before receiving a notice. A recommended practice is to create a spreadsheet or database that captures all the data elements required by regulation 8(1): name of taxon, number of specimens or eggs/parts, buyer/seller details (names and addresses) if applicable, and locations where specimens are sent or left. This record should be retained at least until the permit expires, and likely longer given the possibility of retrospective notices. The holder should also keep copies of all notices, correspondence, and permit documents in a single file.

The prohibition on false or misleading statements (regulation 10) requires care in all communications with the Department. Any application, record, or response to a notice must be factually accurate. If providing a document that is known to be false or misleading (even if generated by a third party), the holder must disclose that fact and the basis for that knowledge to the person to whom the document is provided (presumably the Secretary or an authorised officer). This is an unusual duty; in practice, it means a holder should not simply pass on a report from another party if they suspect it contains errors. The best approach is to review all documents before submission and certify their accuracy.

If the holder needs to import or export a listed taxon into or out of Tasmania, they must ensure that the permit explicitly authorises that dealing. The import/export prohibition in regulation 6 is stand-alone, so even if the permit authorises “keep” or “sell”, it may not authorise bringing the specimen into or sending it out of the State. The application should specifically request import and/or export authority if needed. The permit will specify the authorised dealing, so the holder must check the permit wording.

If the holder receives a notice from the Secretary (for tagging, record-keeping, or provision of records), they must comply within the time specified in the notice. There is no right to object or seek an extension in these Regulations. The penalties for non-compliance are significant and can accrue daily. If a notice seems impossible to comply with, the holder should consider contacting the Department to seek an informal variation or clarification; but legally they must comply or face penalties.

Finally, if the permit is amended or revoked, the holder must immediately cease any dealings that are no longer authorised. The Secretary must give notice of intention to amend or revoke (regulation 5(2)), but there is no stated opportunity to make submissions. The holder should therefore respond promptly to any such notice and consider seeking legal advice if the amendment or revocation would cause significant harm.

In summary, the key compliance steps are: (1) determine if a permit is needed; (2) apply with full information; (3) read and follow all permit conditions; (4) maintain detailed records proactively; (5) comply with any tagging or record-keeping notices immediately; (6) ensure any import/export is specifically authorised; (7) ensure all employees are authorised and trained; (8) avoid false or misleading statements; (9) respond to any notices or proposed revocations/amendments without delay; and (10) keep copies of all documents. Given the breadth of the Secretary’s discretion and the lack of procedural checks, the prudent permit holder will also maintain open communication with the Department to anticipate or head off adverse administrative action. The Regulations create a highly discretionary regime where compliance may depend as much on the goodwill of the regulator as on the letter of the law.