Threatened Species Protection Amendment Act 2001 (TAS)

Threatened Species Protection Amendment Act 2001

An Act to amend the Threatened Species Protection Act 1995

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Threatened Species Protection Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Threatened Species Protection Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of business day : certified forest practices plan means a certified forest practices plan within the meaning of the Forest Practices Act 1985 ; (b) by omitting the definition of native flora and fauna and substituting the following definition: native flora and fauna means flora and fauna naturally occurring in Tasmania and includes – (a) migrants; and (b) any vagrant, or hybrid, that the SAC determines to be suitable for inclusion as native flora or fauna; 5Section 32 amended (Power of Minister to make interim protection orders) Section 32(1) of the Principal Act is amended by omitting "critical habitat" and substituting "habitat, or part of the habitat,". 6Section 51 substituted Section 51 of the Principal Act is repealed and the following section is substituted: 51Offences relating to listed taxa (1)  Subject to subsections (2) and (3) , a person must not knowingly, without a permit – (a) take, keep, trade in or process any specimen of a listed taxon of flora or fauna; or (b) disturb any specimen of a listed taxon of flora or fauna found on land subject to an interim protection order; or (c) disturb any specimen of a listed taxon of flora or fauna contrary to a land management agreement; or (d) disturb any specimen of a listed taxon of flora or fauna that is subject to a conservation covenant entered into under section 37B of the National Parks and Wildlife Act 1970 ; or (e) abandon or release any specimen of a listed taxon of flora or fauna into the wild.

Penalty:  Fine not exceeding 100 penalty units and a daily penalty not exceeding 20 penalty units for each day during which the offence continues after conviction.

(2)  A person may take, keep or process, without a permit, a specimen of a listed taxon of flora in a domestic garden. (3)  A person acting in accordance with a certified forest practices plan or a public authority management agreement may take, without a permit, a specimen of a listed taxon of flora or fauna, unless the Director, by notice in writing, requires the person to obtain a permit. 7Section 54 amended (Requirement to carry out restoration work) Section 54 of the Principal Act is amended by omitting "listed" and substituting "a specimen of a listed taxon of". 8Section 55 amended (Payment of compensation by offender) Section 55(1) of the Principal Act is amended by omitting "listed" and substituting "a specimen of a listed taxon of". 9Section 59 amended (Secrecy) Section 59(1) of the Principal Act is amended by omitting "listed" and substituting "a listed taxon of". 10Section 61 amended (Regulations) Section 61(2) of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "taxon of" after "listed"; (b) by inserting in paragraph (e) "taxon of" after "listed". 11Schedule 2 amended (Members and Meetings of Scientific Advisory Committee and Community Review Committee) Clause 13 of Schedule 2 to the Principal Act is amended by omitting subclause (1) and substituting the following subclauses: (1)At any meeting of the Community Review Committee, 5 members form a quorum. (1A)At any meeting of the Scientific Advisory Committee, 4 members form a quorum.

[Second reading presentation speech made in:

House of Assembly on 20 NOVEMBER 2001

Legislative Council on 22 NOVEMBER 2001]