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Australia, Tasmania

Threatened Species Protection Act 1995

Statute Details
Printable Version
Citation: Threatened Species Protection Act 1995



Last Checked by Web Center Staff: 07/10

Summary:  

The Threatened Species Protection Act 1995 is an Act to provide for the protection and management of Tasmania’s threatened native flora and fauna, and to enable and promote the conservation of native flora and fauna. The Act provides Schedules of taxa that have different degrees of threatened status. It also establishes mechanisms for the listing and delisting of taxa.



Statute in Full:

 

                                   
An Act to provide for the protection and management of threatened native flora and fauna
and to enable and promote the conservation of native flora and fauna.
 
    [Royal Assent 14 November 1995]
  
   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:
  
                             PART 1 - Preliminary
  
    1. Short title
  
   This Act may be cited as the  Threatened Species Protection Act 1995 .
  
    2. Commencement
  
   This Act commences on the day on which it receives the Royal Assent.
  
    3. Interpretation
  
          (1)  In this Act, unless the contrary intention appears -
  
      "authorised officer"  means a ranger appointed under the  Nature
     Conservation Act 2002  or under the  National Parks and Reserves
     Management Act 2002 ;
    
      "business day"  means a day that is not -
    
      (a)  a Saturday or a Sunday; or
    
      (b)  a public holiday or a statutory holiday as defined in the
      Statutory Holidays Act 2000  in the place concerned;
    
      "certified forest practices plan"  means a certified forest
     practices plan within the meaning of the  Forest Practices Act
     1985 ;
    
      "compensation"  means a payment of compensation made by the
     Minister to a landholder under Part 5;
    
      "contravene"  includes fail to comply with;
    
      "CRC"  means the Community Review Committee established under
     section 9;
    
      "critical habitat"  means an area of land defined on a map under
     section 23 which the Secretary determines as a critical habitat of
     a listed taxon of flora or fauna;
    
      "Crown land"  means land that is vested in the Crown and is not
     contracted to be granted in fee simple and includes land granted in
     fee simple that has revested in the Crown by way of purchase or
     otherwise;
    
      "fauna"  includes any taxon of fauna, whether vertebrate or
     invertebrate, in any stage of biological development and includes
     eggs and any part of any such taxon;
    
      "flora"  includes any taxon of plant, whether vascular or
     non-vascular, in any stage of biological development and any part
     of any such taxon;
    
      "function"  includes duty;
    
      "habitat"  means the area, locality, site or particular type of
     environment occupied by any taxon of flora or fauna or any part of
     any such area, locality, site or type of environment;
    
      "interim protection order"  means an interim protection order made
     under section 32;
    
      "keep"  means to have charge or possession of any flora or fauna;
    
      "land"  includes land covered by the sea or other waters and any
     part of the sea or waters covering that land;
    
      "land management agreement"  means an agreement made and in force
     under section 30 for any purpose arising from a land management
     plan;
    
      "land management plan"  means a land management plan made and in
     force under section 29;
    
      "landholder"  means -
    
      (a)  the person who is registered as proprietor of an estate in
     fee simple in land under the  Land Titles Act 1980 ; or
    
      (b)  the owner of the fee or equity of redemption in land that has
     been alienated from the Crown and is not subject to the  Land
     Titles Act 1980 ; or
    
      (c)  the occupier of Crown land which he or she occupies under a
     lease, licence or other right; or
    
      (d)  in the case of Crown land that is managed or controlled by a
     public authority, the public authority or the Minister who manages
     or controls the land -
    
     and includes a person who, whether alone or with others, is in
     occupation or possession, or has the management or control, of any
     land and also includes the agent of any such person;
    
      "listed taxon"  means a taxon of flora or fauna that is listed in
     Schedule 3, 4 or 5;
    
      "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;
    
      "permit"  means a permit in force under this Act;
    
      "private land"  means any land that is not Crown land;
    
      "public authority"  means -
    
      (a)  any council; or
    
      (b)  any other body corporate established by an enactment having
     jurisdiction limited to a district, locality or part of Tasmania;
     or
    
      (c)  any body corporate established under an enactment or in the
     exercise of the prerogative rights of the Crown to administer or
     control any department, business, undertaking or public institution
     on behalf of Tasmania;
    
      "public authority management agreement"  means an agreement made
     under section 31;
    
      "public notification"  means publication in the  Gazette  and in
     each newspaper circulating generally in Tasmania;
    
      "recovery plan"  means a recovery plan made under section 25 for
     any species of flora or fauna which is under threat of extinction;
    
      "SAC"  means the Scientific Advisory Committee established under
     section 8;
    
      "Secretary"  means the Secretary of the Department;
    
      "species"  means a population or group of individual flora or
     fauna which interbreed to produce fertile offspring or which
     possess common characteristics derived from a common gene pool;
    
      "survival"  means the continued existence of viable populations of
     a taxon in the wild;
    
      "take"  includes kill, injure, catch, damage, destroy and collect;
    
      "taxon"  means a taxonomic group of any rank into which organisms
     are categorised;
    
      "threat abatement plan"  means a threat abatement plan made and in
     force under section 27;
    
      "threatened species"  means a taxon of flora or fauna that is
     listed in Schedule 3, 4 or 5;
    
      "threatening process"  means any action which poses a threat to
     the natural survival of any native taxon of flora or fauna;
    
      "wild"  means in an independent, unpossessed or natural state and
     not in an intentionally cultivated, domesticated or captive state,
     regardless of the location or land tenure.
    
          (2)  In this Act, a reference to a landholder's land includes a
   reference to land occupied, managed or controlled by the landholder.
  
    4. Objectives to be furthered
  
   It is the obligation of any person on whom a function is imposed, or a
   power is conferred, under this Act to perform the function or to
   exercise the power in such a manner as to further the objectives
   specified in Schedule 1.
  
    5. Administration of public authorities
  
   A person who performs a function, or exercises a power, in the
   administration of a public authority must in so doing have regard to
   the objectives specified in Schedule 1 for the conservation and
   management of native flora and fauna.
  
    6. Crown to be bound
  
   This Act binds the Crown in right of Tasmania and, so far as the
   legislative power of Parliament permits, in all its other capacities.
  
                           PART 2 - Administration
  
    7. Functions of Secretary
  
   The Secretary has the following functions:
  
      (a)  to prepare a threatened species strategy;
    
      (b)  to provide for and implement programmes of community
     education in the conservation of native flora and fauna;
    
      (c)  to arrange for the preparation of listing statements in
     consultation with the Scientific Advisory Committee;
    
      (d)  to prepare and implement species recovery plans and threat
     abatement plans;
    
      (e)  to prepare and implement land management plans and land
     management agreements;
    
      (f)  to take such action as may be necessary to protect threatened
     native flora and fauna;
    
      (g)  to encourage the conservation of threatened native flora and
     fauna in the community;
    
      (h)  to recommend to the Minister the making of interim protection
     orders;
    
      (i)  to take such other action as may be necessary to protect any
     threatened native flora and fauna.
    
    8. Scientific Advisory Committee
  
          (1)  There is established a body to be called the Scientific
   Advisory Committee.
  
          (2)  The functions of SAC are to advise the Minister and the
   Secretary on-
  
      (a)  the listing and de-listing of taxa of flora and fauna; and
    
      (b)  threatening processes; and
    
      (c)  the criteria to be followed in the determination of critical
     habitats; and
    
      (d)  other matters relating to the conservation of threatened
     native flora and fauna; and
    
      (e)  the review and approval of listing statements.
    
          (3)  SAC is to consist of 7 members to be appointed by the
   Minister of whom not more than 3 are to be State Service officers or
   State Service employees and of whom one is to be appointed as
   chairperson.
  
          (4)  All members of SAC are to have special knowledge and
   experience in the sciences of flora or fauna conservation or ecology.
  
          (5)  The members of SAC must collectively have expertise in the
   following categories and each member must have expertise in one or
   more of the following categories:
  
      (a)  vertebrate fauna;
    
      (b)  invertebrate fauna;
    
      (c)  vascular flora;
    
      (d)  non-vascular flora;
    
      (e)  taxonomy;
    
      (f)  marine ecology;
    
      (g)  freshwater ecology;
    
      (h)  terrestrial ecology;
    
      (i)  population ecology.
    
          (6)  For the purposes of giving advice to the Minister and the
   Secretary under this section, SAC may consult with members of the
   broader scientific community as it considers appropriate.
  
          (7)  Schedule 2 has effect in relation to the members and
   meetings of SAC.
  
    9. Community Review Committee
  
          (1)  There is established a body to be called the Community
   Review Committee.
  
          (2)  CRC is to consist of 9 members appointed by the Minister
   as follows:
  
      (a)  a person appointed by the Minister as chairperson of the
     committee;
    
      (b)  a person nominated by the Tasmanian Farmers and Graziers
     Association;
    
      (c)  an economist;
    
      (d)  a person representing rural industry;
    
      (e)  a person representing the forest industry;
    
      (f)  a person representing the fishing industry;
    
      (g)  2 members of SAC nominated by SAC;
    
      (h)  a person nominated by the Local Government Association of
     Tasmania.
    
          (3)  The functions of the CRC are as follows:
  
      (a)  to receive and consider draft recovery plans and listing
     statements;
    
      (b)  in respect of private land, to assist in, and make
     recommendations to the Minister on, the preparation of land
     management plans and land management agreements;
    
      (c)  to provide for conciliation as may be required in any matter
     arising from a land management agreement or for the purpose of
     making any such agreement;
    
      (d)  to consider the social and economic impact of the
     implementation of land management agreements;
    
      (e)  to advise the Minister on the effect of interim protection
     orders;
    
      (f)  to consider, and advise on, such other matters as may be
     referred to it by the Minister.
    
          (4)  Schedule 2 has effect in relation to the members and
   meetings of CRC.
  
          (5)  If a body referred to in paragraph (b) or (h) of
   subsection (2) changes its name, the Governor may, by order, amend
   that paragraph by substituting the new name of that body.
  
                 PART 3 - Conservation of Threatened Species
  
                   Division 1 - Threatened species strategy
  
    10. Threatened species strategy
  
          (1)  As soon as practicable after the commencement of this
   section, the Secretary must prepare a strategy for the conservation of
   threatened native flora and fauna specifying the means by which the
   objectives of this Act are to be achieved.
  
          (2)  The strategy is to include proposals for -
  
      (a)  ensuring the survival, and conditions for evolutionary
     development in the wild, of threatened native flora and fauna; and
    
      (b)  ensuring the identification, and proper management of,
     threatening processes; and
    
      (c)  education of the community in respect of conservation and
     management of threatened native flora and fauna; and
    
      (d)  ensuring the availability of resources to accomplish the
     objectives of conservation and management of threatened native
     flora and fauna.
    
          (3)  In giving effect to subsection (2), the strategy is to
   have regard to -
  
      (a)  the need to achieve the objectives of this Act with minimal
     social and economic impact; and
    
      (b)  the rights and interests of landholders and the community.
    
    11. Procedure for making strategy
  
          (1)  Before making a strategy, the Secretary must prepare and
   give public notification of a draft strategy.
  
          (2)  The notice -
  
      (a)  is to seek public comment; and
    
      (b)  is to specify a date, which must be at least 30 days after
     the date on which the notice is published in the  Gazette , before
     which submissions may be made to the Secretary; and
    
      (c)  is to specify a time and place at which a copy of the draft
     strategy will be available for public inspection.
    
          (3)  Any person may make submissions to the Secretary about the
   draft strategy.
  
          (4)  After considering all the submissions, the Secretary, with
   the Minister's approval, may make the strategy.
  
    12. Amendment and revocation of strategy
  
          (1)  The Secretary may amend or revoke a strategy.
  
          (2)  The procedures applicable to the making of a strategy
   apply to -
  
      (a)  an amendment of a strategy; or
    
      (b)  the revocation of a strategy.
    
              Division 2 - Listing of threatened flora and fauna
  
    13. Lists of threatened flora and fauna
  
          (1)  The taxa of native flora and fauna which are endangered
   are specified in Schedule 3, extant taxa being listed in Part 1 and
   taxa presumed to be extinct being listed in Part 2.
  
          (2)  The taxa of native flora and fauna which are vulnerable
   are specified in Schedule 4.
  
          (3)  The taxa of native flora and fauna which are rare are
   specified in Schedule 5.
  
          (4)  SAC may recommend to the Minister that an eligible taxon
   of native flora or fauna be added to Schedule 3, 4 or 5 or that any
   taxon of native flora or fauna which is no longer eligible be omitted
   from Schedule 3, 4 or 5.
  
          (5)  After considering a recommendation of SAC and after giving
   notice in accordance with section 14, the Minister may, by order
   published in the  Gazette , add an item to, amend an item in, or omit
   an item from, Schedule 3, 4 or 5.
  
          (6)  SAC must, at least once in each period of 5 years, review
   each taxon listed in Schedules 3, 4 and 5 and recommend to the
   Minister any variation of those Schedules considered appropriate.
  
    14. Notification by Minister and right of appeal
  
          (1)  In this section,  "Tribunal"  means the Resource
   Management and Planning Appeal Tribunal.
  
          (2)  The Minister must, before making an order under section
   13(5), give public notification of the proposed order.
  
          (3)  During a period of 30 days after the public notification,
   a person may appeal to the Tribunal against the proposed order and the
   appeal is to be brought in accordance with the regulations.
  
          (4)  For the purposes of this section -
  
      (a)  Part 5 of the  Resource Management and Planning Appeal
     Tribunal Act 1993  extends to the appeal; and
    
      (b)  the Tribunal must reconsider all the material considered by
     SAC on which the recommendation for the proposed order was based;
     and
    
      (c)  SAC is entitled to be represented at the hearing -
    
   but, subject to this subsection, the Tribunal may determine its own
   procedure.
  
          (5)  On hearing the appeal, the Tribunal may uphold or dismiss
   the appeal.
  
          (6)  If the appeal is upheld -
  
      (a)  the Tribunal must give public notification of that fact as
     soon as practicable; and
    
      (b)  on that notification, the order is taken to be disallowed and
     ceases to have effect -
    
   but this subsection does not affect the validity of the order before
   disallowance.
  
    15. Eligibility for listing
  
          (1)  An extant taxon of native flora or fauna may be listed as
   endangered if it is in danger of extinction because long term survival
   is unlikely while the factors causing it to be endangered continue
   operating.
  
          (2)  A taxon of native flora or fauna may be listed as
   endangered because it is presumed to be extinct on the ground that no
   occurrence of the taxon in the wild can be confirmed during the past
   50 years.
  
          (3)  A taxon of native flora or fauna may be listed as
   vulnerable if it is likely to become an endangered taxon while the
   factors causing it to be vulnerable continue operating.
  
          (4)  A taxon of native flora or fauna may be listed as rare if
   it has a small population in Tasmania that is not endangered or
   vulnerable but is at risk.
  
          (5)  A taxon of native flora or fauna which is below the level
   of sub-species and which is narrowly defined owing to its taxonomic
   position, environmental conditions or geography may be listed only if,
   in addition to the requirements of this section, there is a special
   need to conserve it in Tasmania.
  
          (6)  SAC is responsible for preparing guidelines as to how the
   criteria specified in subsections (1) to (5), both inclusive, are to
   be applied to particular taxonomic groups and must, from time to time,
   publish those guidelines in the  Gazette .
  
          (7)  In determining the criteria for listing, SAC must have
   regard only to matters of nature conservation and not to social and
   economic matters.
  
    16. Nomination for listing
  
          (1)  Any person may nominate an eligible taxon of flora or
   fauna to be added to, or an ineligible taxon of flora or fauna to be
   omitted from, Schedule 3, 4 or 5.
  
          (2)  A nomination is to be in the prescribed form.
  
    17. Consideration of nomination by SAC
  
          (1)  SAC must consider each nomination as soon as practicable
   after it has been made.
  
          (2)  SAC may reject a nomination if -
  
      (a)  the subject of the nomination is already listed; or
    
      (b)  the nomination is vexatious; or
    
      (c)  the nomination is not in the prescribed form.
    
          (3)  If SAC rejects a nomination under this section, it must
   notify the Minister and nominator of the rejection and give reasons
   for it.
  
    18. Preliminary recommendation by SAC
  
          (1)  SAC, after considering a nomination, must make a
   preliminary recommendation that the nomination is to be supported or
   is to be rejected.
  
          (2)  SAC must, within 30 days after making a preliminary
   recommendation -
  
      (a)  notify the nominator; and
    
      (b)  give public notification of its preliminary recommendation
     and also give notice of the recommendation in a newspaper
     circulating generally in the area likely to be affected by the
     recommendation.
    
          (3)  SAC must consider any public comments made during a period
   of 30 days after public notification is given.
  
    19. Final recommendation by SAC
  
          (1)  After considering any public comments, SAC must make a
   final recommendation to the Minister that the nomination is to be
   supported or rejected and must give reasons for the recommendation.
  
          (2)  SAC must make a final recommendation within one year after
   the making of the nomination.
  
    20. CRC to be advised of public notification
  
   SAC must advise CRC of a public notification given under section
   18(2).
  
    21. Minister's decision
  
          (1)  The Minister must, within 30 days after receiving a final
   recommendation, decide whether or not a taxon of flora or fauna is to
   be added to, or omitted from, Schedule 3, 4 or 5.
  
          (2)  In considering a recommendation for the listing of a taxon
   of flora or fauna in Schedule 3, 4 or 5, the Minister must have regard
   only to matters of nature conservation.
  
          (3)  On a decision under subsection (1), the Secretary must-
  
      (a)  give public notification of the decision and also give notice
     of the decision in a newspaper circulating generally in the area
     likely to be affected by it; and
    
      (b)  advise CRC of the decision; and
    
      (c)  make the reasons for the decision available to the public at
     the offices of the Secretary in Hobart and Launceston.
    
                       Division 3 - Listing statements
  
    22. Listing statements
  
          (1)  The Secretary must prepare a listing statement for any
   taxon of flora or fauna specified in Schedule 3, 4 or 5 as soon as
   practicable after that taxon is listed.
  
          (2)  The listing statement is to specify -
  
      (a)  a description, the distribution and the habitat of the taxon;
     and
    
      (b)  its conservation status with reasons; and
    
      (c)  management objectives; and
    
      (d)  management issues; and
    
      (e)  actions that need to be taken for the purposes of management
     and conservation of the taxon; and
    
      (f)  threats to the taxon; and
    
      (g)  any information relating to the taxon that is available in
     published references.
    
          (3)  The Secretary may amend a listing statement.
  
          (4)  In preparing or amending a listing statement, the
   Secretary must consider-
  
      (a)  any management advice given by SAC; and
    
      (b)  any other relevant matters relating to nature conservation-
    
   and provide CRC with a copy of the statement.
  
                        Division 4 - Critical habitats
  
    23. Determination of critical habitats
  
          (1)  Where the Secretary, after consultation with SAC, is
   satisfied that the whole or any part of the habitat of any listed
   taxon of native flora or fauna is critical to the survival of that
   taxon, the Secretary must determine the whole or the part of that
   habitat to be a critical habitat.
  
          (2)  Subject to this section, the Secretary must-
  
      (a)  give public notification of the area determined as a critical
     habitat by reference to a map registered in the central plan office
     under the  Survey Co-ordination Act 1944  showing the boundaries,
     extent and details of the area and, in particular, identifying the
     area by reference to rectangular grid co-ordinates on the
     Australian Map Grid or Map Grid Australia; and
    
      (b)  notify any landholder or other person who is likely to be
     affected by the determination; and
    
      (c)  notify CRC of the determination.
    
          (3)  On making a determination of a critical habitat, the
   Secretary must give notice of the determination to the Recorder of
   Titles and the determination is of no effect until the Secretary does
   so.
  
          (4)  A notice under subsection (3) -
  
      (a)  is to be in a form approved by the Recorder of Titles; and
    
      (b)  is to identify, as provided by subsection (2)(a), the land
     that is subject to the determination of a critical habitat; and
    
      (c)  is taken to be a dealing within the meaning of the  Land
     Titles Act 1980 .
    
          (5)  The Secretary must, within 30 days after making a
   determination but subject to subsections (6) and (7), publish notice
   of the determination in the  Gazette .
  
          (6)  The Secretary need not comply with subsection (2)(a) or
   (5) if the Minister is of the opinion that disclosure of the location
   of the habitat would result in any harm being done to it or to the
   flora or fauna which it supports.
  
          (7)  The Secretary may not advertise a determination of a
   critical habitat that is on private land unless the landholder agrees.
  
    24. Amendment and revocation of determinations
  
          (1)  The Secretary may amend or revoke a determination.
  
          (2)  The procedures applicable to the making of a determination
   apply to -
  
      (a)  an amendment of a determination; or
    
      (b)  the revocation of a determination.
    
              Division 5 - Recovery plans for threatened species
  
    25. Recovery plans
  
          (1)  The Secretary may, with the Minister's approval, make a
   recovery plan for any listed taxon of flora or fauna.
  
          (2)  A recovery plan is to specify -
  
      (a)  the listed taxon of flora or fauna to which it applies; and
    
      (b)  objectives for the conservation and management of that taxon,
     including -
    
      (i)  ways in which those objectives are to be achieved or promoted
     for the benefit of that taxon; and
    
      (ii)  resources required to achieve those objectives; and
    
      (c)  the date within 5 years after the plan is made before which
     it is to be reviewed by the Secretary.
    
          (3)  In making a recovery plan, the Secretary must consider
   social and economic issues as well as matters relating to nature
   conservation.
  
          (4)  Before making a recovery plan the Secretary must prepare a
   draft of the plan and-
  
      (a)  provide a copy of the draft plan to CRC; and
    
      (b)  seek public comment on the plan.
    
          (5)  The Secretary must, within 30 days after preparing a draft
   recovery plan, give public notification of the draft plan and also
   notify the making of the plan in a newspaper circulating generally in
   the area to which the plan applies.
  
          (6)  The Secretary may, after considering any public comment
   received during the period of 30 days after public notification,
   prepare, with the Minister's approval, a final recovery plan.
  
    26. Amendment and revocation of recovery plans
  
          (1)  The Secretary may amend or revoke a recovery plan.
  
          (2)  The procedures applicable to the making of a recovery plan
   apply to -
  
      (a)  an amendment of a recovery plan; or
    
      (b)  the revocation of a recovery plan.
    
          (3)  The Secretary must review a recovery plan within a period
   of 5 years after it is made.
  
                     Division 6 - Threat abatement plans
  
    27. Threat abatement plans
  
          (1)  The Secretary may prepare a threat abatement plan in
   respect of any process which, in the opinion of the Secretary, is a
   threatening process.
  
          (2)  A threat abatement plan -
  
      (a)  may relate to one or more taxa of flora and fauna; and
    
      (b)  is to specify a process that threatens any listed taxon; and
    
      (c)  is to specify objectives for removing or controlling the
     threat; and
    
      (d)  may specify research needed and actions required by which the
     threatening process is to be controlled and managed; and
    
      (e)  may specify the resources required to carry out those
     actions.
    
          (3)  The Secretary must, within 30 days after preparing a draft
   threat abatement plan, give public notification of the draft plan and
   also notify the making of the plan in a newspaper circulating
   generally in the area to which the plan applies.
  
          (4)  The Secretary must, after considering any public comments
   received during the period of 30 days after public notification of the
   draft plan, make, with the Minister's approval, a final threat
   abatement plan.
  
    28. Amendment and revocation of threat abatement plans
  
          (1)  The Secretary may amend or revoke a threat abatement plan.
  
          (2)  The procedures applicable to the making of a threat
   abatement plan apply to -
  
      (a)  an amendment of a threat abatement plan; or
    
      (b)  the revocation of a threat abatement plan.
    
          (3)  The Secretary must review a threat abatement plan within a
   period of 5 years after it is made.
  
              Division 7 - Land management plans and agreements
  
    29. Land management plans
  
          (1)  The Secretary may, after consultation with an affected
   landholder, make a land management plan for the purpose of protecting
   a listed taxon of flora or fauna.
  
          (2)  A land management plan -
  
      (a)  is to define the area of land, whether held by one or more
     landholders, to which it relates; and
    
      (b)  is to specify the objectives for management of land for the
     purposes of conservation and management of a taxon to which the
     plan relates; and
    
      (c)  is to specify actions to be taken by the Secretary, the
     landholder or any other person for the purpose of achieving those
     objectives.
    
          (3)  The Secretary must review a land management plan within a
   period of 5 years after it is made.
  
          (4)  The Secretary must, within 90 days after making a
   determination of a critical habitat for a listed taxon of flora or
   fauna and after consultation with any landholder affected by the
   determination, prepare a land management plan for the purpose of
   protecting that taxon.
  
    30. Agreements arising from land management plans
  
          (1)  The Secretary may make an agreement with any landholder
   for any purpose arising from a land management plan.
  
          (2)  An agreement -
  
      (a)  may provide for the carrying out of works and payment for
     those works; and
    
      (b)  may provide for compensation for financial loss arising from
     the agreement; and
    
      (c)  is to contain provisions -
    
      (i)  enabling the Secretary to cancel the agreement if it is no
     longer required for the conservation of the relevant taxon; and
    
      (ii)  providing for conciliation by CRC in respect of any matter
     arising from the agreement or the land management plan to which it
     gives effect.
    
    31. Public authority management agreements
  
          (1)  The Secretary may make an agreement with one or more
   public authorities providing for the management of any listed taxon of
   flora or fauna or potentially threatening process.
  
          (2)  The Secretary must cause notice of the making of the
   agreement to be published in the  Gazette  and the agreement is not to
   take effect before the notice is published.
  
          (3)  The Secretary need not comply with subsection (2) if the
   Minister is of opinion that disclosure of details of the agreement
   would result in any harm being done to the relevant flora and fauna.
  
          (4)  The agreement must specify its purposes and aims, the
   functions of the parties, the date on which it takes effect and, if
   appropriate, the date on which it ceases to have effect.
  
          (5)  The agreement may be amended or terminated by mutual
   agreement between the parties or according to the terms of the
   agreement.
  
                      PART 4 - Interim Protection Orders
  
    32. Power of Minister to make interim protection orders
  
          (1)  The Minister may make an interim protection order to
   conserve the habitat, or part of the habitat, of a listed taxon of
   flora or fauna or a nominated taxon of flora or fauna which has been
   accepted by SAC for listing and which in either case is on-
  
      (a)  private land; or
    
      (b)  Crown land and not subject to a public authority agreement.
    
          (2)  The powers conferred by subsection (1) extend to the
   making of an interim protection order relating to acts done or omitted
   to be done outside the critical habitat of a listed taxon which
   threaten that taxon.
  
          (3)  In making an interim protection order the Minister must
   consider -
  
      (a)  matters relating to nature conservation; and
    
      (b)  the social and economic consequences of making the order; and
    
      (c)  if the order relates to private land, any comments made by
     CRC; and
    
      (d)  any other relevant matters.
    
          (4)  On making an interim protection order the Minister must
   provide CRC with a copy of the order.
  
          (5)  An interim protection order may have effect from the day
   on which it is made or any later day.
  
          (6)  An interim protection order ceases to be in force after -
  
      (a)  if the order relates to Crown land, a period of 65 business
     days; or
    
      (b)  if the order relates to private land, a period of 30 business
     days.
    
          (7)  The Secretary may recommend to the Minister that an
   amendment be made to the order and, if the Minister makes the
   amendment, the Secretary must give notice of that amendment to-
  
      (a)  the person to whom the original notice was given; and
    
      (b)  any other person to whom, before the making of the amendment,
     notice had been given about the order.
    
          (8)  The Minister may, with the agreement of all persons
   affected by an interim protection order, extend the period during
   which the order is in force.
  
    33. Terms of interim protection orders
  
   An interim protection order may be subject to such terms and
   conditions as are specified in the order and may provide for all or
   any of the following:
  
      (a)  the protection and management of flora, fauna and the land
     within the habitat which is the subject of the order;
    
      (b)  the prohibition or regulation of any activity which takes
     place on the land or the use and management of the land within the
     habitat which is the subject of the order;
    
      (c)  the prohibition, regulation and management of any activity
     which takes place outside the habitat which is the subject of the
     order but which is likely to affect the habitat adversely;
    
      (d)  a requirement to undertake works or activities specified in
     the order;
    
      (e)  the issue of permits;
    
      (f)  compensation payable under section 45.
    
    34. Notice of order to landholder
  
   The Minister must, as soon as practicable after an interim protection
   order is made, give notice in writing that the order has been made to
   any landholder whose land is affected by the order.
  
    35. Recommendation by Resource Planning and Development Commission
  
          (1)  Where an interim protection order relates to Crown land
   that is not subject to a public authority agreement -
  
      (a)  the Minister must, on making the order, notify the
     chairperson of the Tasmanian Planning Commission established under
     the  Tasmanian Planning Commission Act 1997  of the terms of the
     order; and
    
      (b)  the chairperson must, within 30 days after notification,
     advise the Minister of all use, and intended use, of the land known
     to the chairperson with a recommendation, taking into account the
     objectives of this Act, as to the future use of the land; and
    
      (c)  the Minister may impose conditions limiting the future use of
     the land taking into account that advice and recommendation.
    
          (2)  If any such conditions are imposed in respect of fish,
   within the meaning of the  Living Marine Resources Management Act
   1995 , the Minister must first consult with the Minister administering
   that Act.
  
    36. Notice to comply
  
          (1)  At any time during the operation of an interim protection
   order the Secretary may serve notice on any person-
  
      (a)  who is a landholder, employee or agent of a landholder whose
     land is the subject of the order; or
    
      (b)  who is carrying on an activity on or outside the land which
     is the subject of the order where the activity is likely to affect
     detrimentally a listed taxon on the land which is the subject of
     the order-
    
   requiring him or her to cease undertaking the activity or otherwise to
   comply with the order.
  
          (2)  In the case of a notice affecting Crown land, the
   Secretary must not serve the notice unless the Minister approves after
   consulting with any other Minister or authority responsible for the
   management of, or any activities carried out on, that land.
  
          (3)  A person who contravenes an interim protection order or a
   notice issued under subsection (1) is guilty of an offence and is
   liable on summary conviction to a fine not exceeding 1 000 penalty
   units and a daily fine not exceeding 100 penalty units in respect of
   each day during which the offence continues.
  
    37. Notification to other Ministers
  
   As soon as practicable after the making, or amending, of an interim
   protection order, the Minister must give notice of the order or
   amendment to any other Minister responsible for the administration of
   any law under which any act may be done or omitted to be done that is
   likely to be affected by the order.
  
    38. Limitation of licences, permits, &c., issued under other Acts
  
          (1)  If, at any time during the operation of an interim
   protection order, the Minister becomes aware of a licence, permit or
   other authority which would permit the holder to act in contravention
   of the terms of the order, the Minister may limit the operation of
   that licence, permit or other authority to the extent that it permits
   that action.
  
          (2)  Before the licence, permit or other authority is limited
   under subsection (1), the Minister must consult with the person
   responsible for issuing that licence, permit or other authority.
  
          (3)  The Minister must give notice in writing of the limitation
   of the operation of the licence, permit or other authority to the
   holder.
  
          (4)  The limitation of the licence, permit or other authority
   takes effect at the time at which the notice is given or on a date
   specified in the notice and ceases when the interim protection order
   no longer operates or on an earlier date specified in the notice.
  
    39. Interim protection orders to prevail over planning schemes
  
   Where there is a conflict between an interim protection order and a
   planning scheme in force under section 29 of the  Land Use Planning
   and Approvals Act 1993 , the order prevails over the planning scheme.
  
    40. Issue of permits
  
          (1)  The Secretary may issue a permit to a landholder
   authorising him or her to undertake an activity on land that is
   subject to an interim protection order.
  
          (2)  In deciding whether to grant the permit, the Secretary
   must consider-
  
      (a)  any relevant listing statements or recovery plans relating to
     the flora or fauna which is the subject of the order; and
    
      (b)  any significant effects which the granting of the permit will
     have on listed taxa of flora or fauna or the habitat which is the
     subject of the order; and
    
      (c)  any possible social and economic effects which the granting
     of the permit might have; and
    
      (d)  any other relevant matters.
    
    41. Applications for permits
  
   An application for a permit is to be made to the Secretary in writing
   in a form approved by the Secretary.
  
    42. Powers of Secretary
  
          (1)  A permit issued by the Secretary is to be in writing and
   may be subject to such terms and conditions as the Secretary thinks
   necessary for the conservation of any listed taxon of flora or fauna.
  
          (2)  The Secretary may issue more than one permit in the same
   instrument.
  
          (3)  The Secretary may amend or revoke a permit after first
   giving notice to the holder of his or her intention to do so.
  
    43. Contravention of terms or conditions of permits
  
   A person who holds a permit and who contravenes a term or condition of
   that permit is guilty of an offence and liable on summary conviction
   to a fine not exceeding 100 penalty units.
  
                        PART 5 - Financial Provisions
  
    44. Threatened Species Fund
  
          (1)  For the purposes of this Act, a fund called the Threatened
   Species Fund is established as a trust account within the Special
   Deposits and Trust Fund or, if the Treasurer so directs, as more than
   one such trust account for specific matters relating to the
   conservation of native flora and fauna.
  
          (2)  The Fund consists of -
  
      (a)  all fines paid to the Fund in respect of offences under this
     Act; and
    
      (b)  any amount paid to the Secretary, or the value of anything
     forfeited to the Secretary, as a result of the exercise of the
     power of seizure under section 48(2); and
    
      (c)  any money appropriated by Parliament for the purposes of the
     Fund; and
    
      (d)  any money received by way of grant, gift or bequest for the
     purposes of the Fund; and
    
      (e)  any income from investment of money belonging to the Fund;
     and
    
      (f)  any money received from any other source.
    
          (3)  The Fund may be applied by the Secretary-
  
      (a)  in making payments for or towards the cost of any action
     taken to deal with an emergency in the conservation of native flora
     or fauna or the effects of any such emergency; and
    
      (b)  for the purposes of education and training programs in
     relation to the conservation of native flora and fauna; and
    
      (c)  for the purposes of any investigations, research, pilot
     programs and other projects relating to the conservation of native
     flora and fauna; and
    
      (d)  in making grants to assist in the conservation of native
     flora and fauna-
    
   but must otherwise be applied in the administration of this Act.
  
    45. Compensation
  
          (1)  A landholder is entitled to compensation for financial
   loss suffered directly resulting from an interim protection order or a
   land management agreement.
  
          (2)  A person who is required to comply with a notice under
   section 36 is entitled to compensation for financial loss as a result
   of being required to comply with that notice.
  
          (3)  The holder of a licence, permit or other authority limited
   under section 38 is entitled to compensation for financial loss.
  
          (4)  An application for compensation under this section is to
   be made to the Minister.
  
          (5)  The Minister must determine the amount of compensation to
   be paid to a person entitled to compensation.
  
          (6)  In making a determination, the Minister must have regard
   to the following matters:
  
      (a)  the amount by which the value of the land will be increased
     or decreased as a result of the interim protection order;
    
      (b)  the amount of financial loss, including loss of profit, loss
     occasioned by breach of contract, loss of production and other
     consequential loss, to the landholder or other person which would
     result from compliance with the order;
    
      (c)  any increase in the value of the land which would result from
     the carrying out of works for the purposes of this Act;
    
      (d)  the cost of any works required to be carried out on the land;
    
      (e)  any change in the value of chattels or improvements which
     would occur because the land use or activity to which they relate
     is to be restricted or prohibited by the order;
    
      (f)  any other matter which the Minister considers relevant.
    
          (7)  If compensation is payable under this section, the person
   to whom it is payable is also entitled to be paid for any reasonable
   costs and interest arising from the claim for compensation calculated
   from the time when the loss was first incurred.
  
          (8)  If a person has applied for compensation, the Minister may
   make a payment of an amount determined by the Minister to that person
   before a decision is made on that person's application.
  
          (9)  The Minister must undertake to assist any person who is
   required to carry out works under an interim protection order if the
   Minister is of the opinion that that person could claim compensation
   for those works and the assistance is to be given before the
   requirement is enforced.
  
          (10)  The assistance given by the Minister may be either -
  
      (a)  payment of money; or
    
      (b)  provision of labour, goods or other services -
    
   and the money paid or cost of other assistance given is to be that
   which in the Minister's opinion reflects the reasonable and actual
   costs of carrying out the works.
  
          (11)  The Minister may pay compensation to a person entitled to
   receive it by part payments at periodic intervals if the Minister and
   that person so agree.
  
          (12)  Parts 3, 4 and 5 of the  Land Acquisition Act 1993 , with
   any necessary changes, apply to the determination of compensation
   under this section as if the landholder were entitled to compensation
   under that Act.
  
          (13)  A payment of compensation or any other payment required
   by the terms of an agreement made under this Act is to be made from
   the Fund.
  
    46. Claims for compensation
  
   A claim for compensation under this Part is to be made in a form
   approved by the Minister within -
  
      (a)  90 days after the occurrence of the event by virtue of which
     compensation becomes payable; or
    
      (b)  such extended period as the Minister may allow.
    
    47. Recovery of compensation
  
          (1)  Compensation payable under this Part may be recovered in
   any court of competent jurisdiction as a debt due by the Crown.
  
          (2)  Nothing in this section prevents the making or operation
   of an agreement between the Crown and a person claiming compensation
   under this Part for submission to arbitration in accordance with the
    Commercial Arbitration Act 1986  if the agreement has been made
   within 45 days after an application is lodged under section 45.
  
                   PART 6 - Miscellaneous and Supplemental
  
                  Division 1 - Powers of authorised officers
  
    48. Powers of authorised officers
  
          (1)  In this section,  "conveyance"  means a vehicle, vessel or
   aircraft or any other contrivance intended for the carriage of persons
   or goods over land or water or in the air.
  
          (2)  Where an authorised officer reasonably believes that there
   has been a contravention of -
  
      (a)  this Act; or
    
      (b)  an interim protection order; or
    
      (c)  a term or condition of a permit; or
    
      (d)  a land management agreement -
    
   the authorised officer may -
  
      (e)  at any reasonable time, by any reasonable means and with any
     assistance which the authorised officer requires, enter a
     conveyance, land or a building not occupied as a place of
     residence; or
    
      (f)  search any conveyance, land or a building not occupied as a
     place of residence; or
    
      (g)  with a warrant, search a building occupied as a place of
     residence; or
    
      (h)  inspect any equipment, machine, implement, flora, fauna,
     enclosure, container or other goods; or
    
      (i)  require a conveyance to be stopped; or
    
      (j)  seize, examine or take copies of, or extracts from documents;
     or
    
      (k)  seize any flora or fauna; or
    
      (l)  require a person to give to the authorised officer samples or
     articles; or
    
      (m)  require a person to produce a document which may relate to,
     or contain evidence of, an offence under this Act; or
    
      (n)  require a person to produce any permit issued to him or her;
     or
    
      (o)  require a person to give his or her name and place of
     residence; or
    
      (p)  seize any equipment or material which is being used by any
     person in contravention of this Act.
    
          (3)  A justice may issue a warrant to an authorised officer to
   enter and search any building used as a residence if the justice is
   satisfied on the application of the authorised officer that there are
   reasonable grounds for believing that -
  
      (a)  any flora or fauna is being held in the building in
     contravention of this Act; or
    
      (b)  any equipment or material in the building is being, or was,
     used in contravention of this Act.
    
    49. Authorised officer may enter land, &c.
  
   If an authorised officer believes on reasonable grounds that a
   landholder has not complied with the terms of an interim protection
   order, the authorised officer may, with any assistance that the
   authorised officer reasonably considers necessary -
  
      (a)  enter the land of the landholder; and
    
      (b)  take any action which the authorised officer reasonably
     believes to be necessary to ensure compliance with the order.
    
                  Division 2 - Legal provisions and offences
  
    50. Effect of licences, &c., in force under other laws
  
   A licence, permit or other authority in force under any law which
   relates to the taking, trading in, keeping, moving, processing or
   disturbing of flora or fauna does not authorise the holder to take,
   trade in, keep, move, process or disturb flora or fauna in
   circumstances in which it would be prohibited under this Act.
  
    51. Offences 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 Part 5 of
     the  Nature Conservation Act 2002 ; 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 Secretary, by notice in writing, requires the person to
   obtain a permit.
  
          (4)  A person undertaking dam works in accordance with a dam
   permit granted under the  Water Management Act 1999  after the
   commencement of Part 5 of the  Dam Works Legislation (Miscellaneous
   Amendments) Act 2007  may take, without a permit, a specimen of a
   listed taxon of flora or fauna.
  
    52. Offence to obstruct an authorised officer
  
          (1)  A person must not assault, obstruct, threaten or
   intimidate an authorised officer who is exercising powers under this
   Act.
  
   Penalty:
  
     Fine not exceeding 50 penalty units.
    
          (2)  A person must not contravene a lawful direction, order or
   requirement of an authorised officer.
  
   Penalty:
  
     Fine not exceeding 50 penalty units.
    
    53. Additional penalties on conviction
  
   Where a person is convicted of an offence against this Act, the court
   before which he or she is convicted may order -
  
      (a)  that any permit held by the person convicted is to be
     cancelled and that he or she is to be disqualified from holding or
     obtaining a further permit for such period as the court may
     determine; and
    
      (b)  that any equipment or material used by the person convicted
     in the commission of the offence is to be forfeited to the Crown;
     and
    
      (c)  that any flora or fauna or the product of any flora or fauna
     in the possession of the person convicted, or bought, sold or dealt
     with by him or her in contravention of this Act is to be forfeited
     to the Crown.
    
    54. Requirement to carry out restoration work
  
   If a person is convicted of an offence under this Act involving the
   destruction of, or damage to, a specimen of a listed taxon of flora or
   fauna or a critical habitat, the court may order that the person must
   carry out restoration work and the order may be in addition to, or in
   substitution for, any other penalty.
  
    55. Payment of compensation by offender
  
          (1)  If a person is convicted of an offence under this Act
   involving the destruction of, or damage to, a specimen of a listed
   taxon of flora or fauna or a habitat, the court may order that the
   person must pay compensation for that destruction or damage to the
   Secretary in addition to any other penalty.
  
          (2)  The amount of compensation payable under subsection (1)
   may be fixed by the court after taking evidence on oath from any
   person who may assist the court to determine the nature and extent of
   the damage.
  
          (3)  In fixing the amount of compensation to be paid, the court
   must have regard to the cost of any restoration work required to be
   carried out as a result of the offence.
  
    56. Alternative to prosecution
  
          (1)  In this section,  "prescribed fine"  means a fine of an
   amount not exceeding the amount that the Secretary accepts is equal,
   or approximately equal, to twice the amount required to make good any
   damage done, or any loss incurred, by reason of the commission of an
   offence against this Act.
  
          (2)  If the Secretary is satisfied that a person has committed
   an offence against this Act but the circumstances do not merit the
   imposition of a penalty, the Secretary may, on payment of a prescribed
   fine by the alleged offender, cause any proceedings in respect of the
   alleged offence to be waived or discontinued.
  
          (3)  The amount of a prescribed fine is, after deducting such
   amount as the Secretary determines for the purpose of making good any
   damage done or any loss incurred by reason of the commission of the
   offence, to be paid into the Threatened Species Fund.
  
                          Division 3 - Supplemental
  
    57. Application of Division 3
  
   This Division has effect subject to sections 23(4), 31(3) and 58.
  
    58. Publication of strategies, statements, plans, &c.
  
   On the making of a threatened species strategy, listing statement,
   recovery plan, threat abatement plan or public authority agreement,
   the Secretary must give public notification of the strategy,
   statement, plan or agreement specifying-
  
      (a)  the places where copies of it may be obtained; and
    
      (b)  a fee, as determined by the Minister, payable for a copy-
    
   and must forward copies of the strategy, statement, plan or agreement
   to SAC and CRC.
  
    59. Secrecy
  
          (1)  The Secretary may, with the approval of the Minister,
   declare information about a listed taxon of flora or fauna or any
   plan, agreement, determination or interim protection order to be
   confidential if the Secretary is of the opinion that disclosure of
   that information is likely to result in any harm being done to the
   flora or fauna or its habitat.
  
          (2)  If, in the course of performing duties under this Act, a
   person receives information which has been declared to be
   confidential, that person must not disclose or make use of that
   information except to the extent necessary to perform his or her
   duties or for the purpose of legal proceedings.
  
   Penalty:
  
     Fine not exceeding 20 penalty units.
    
    60. Availability of listing criteria, decisions, &c., for inspection
  
   The Secretary must make available for inspection at the principal
   office of the Department and at such other offices as the Secretary
   considers appropriate without charge during normal office hours-
  
      (a)  the listing criteria; and
    
      (b)  the Minister's decisions and reasons for listing; and
    
      (c)  any listing statement; and
    
      (d)  any recovery plan or threat abatement plan; and
    
      (e)  any determination of a critical habitat; and
    
      (f)  a copy of a public authority management agreement; and
    
      (g)  SAC's preliminary recommendation on nominations for listing;
     and
    
      (h)  any reports of CRC.
    
                           Division 4 - Regulations
  
    61. Regulations
  
          (1)  The Governor may make regulations for the purposes of this
   Act.
  
          (2)  Without limiting the generality of subsection (1), the
   Governor may make regulations as to -
  
      (a)  the issue of permits to take, buy, sell, keep, disturb,
     process, export or import any listed taxon of flora or fauna; and
    
      (b)  the method of giving notice of the making of an interim
     protection order; and
    
      (c)  the marking of listed taxa of flora and fauna; and
    
      (d)  the records to be kept by persons holding permits, the
     methods of keeping those records and the circumstances in which
     they must be produced; and
    
      (e)  fees to be paid for permits issued, or applications made,
     under this Act and royalties to be paid for the taking of any
     listed taxon of flora or fauna.
    
          (3)  The regulations may -
  
      (a)  provide that a contravention of any of the regulations is an
     offence; and
    
      (b)  in respect of such an offence, provide for the imposition of
     a 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.
    
          (4)  Regulations may be made so as to apply differently
   according to matters, limitations or restrictions, whether as to time,
   circumstance or otherwise, specified in the regulations.
  
                         Division 5 - Administration
  
    62. Administration of Act
  
   Until provision is made in relation to this Act by order under section
   4 of the  Administrative Arrangements Act 1990  -
  
      (a)  the administration of this Act is assigned to the Minister
     for Environment and Land Management; and
    
      (b)  the Department responsible to the Minister for Environment
     and Land Management in relation to the administration of this Act
     is the Department of Environment and Land Management.
    
                           SCHEDULE 1 - Objectives
  
                                                                Section 4
  
    PART 1 - Objectives of the Resource Management and Planning System of
                                  Tasmania
    
    1.  The objectives of the resource management and planning system of
   Tasmania are -
  
      (a)  to promote the sustainable development of natural and
     physical resources and the maintenance of ecological processes and
     genetic diversity; and
    
      (b)  to provide for the fair, orderly and sustainable use and
     development of air, land and water; and
    
      (c)  to encourage public involvement in resource management and
     planning; and
    
      (d)  to facilitate economic development in accordance with the
     objectives set out in paragraphs (a), (b) and (c); and
    
      (e)  to promote the sharing of responsibility for resource
     management and planning between the different spheres of
     Government, the community and industry in Tasmania.
    
      2.  In clause 1(a),  "sustainable development"  means managing the
   use, development and protection of natural and physical resources in a
   way, or at a rate, which enables people and communities to provide for
   their social, economic and cultural well-being and for their health
   and safety while -
  
      (a)  sustaining the potential of natural and physical resources to
     meet the reasonably foreseeable needs of future generations; and
    
      (b)  safeguarding the life-supporting capacity of air, water, soil
     and ecosystems; and
    
      (c)  avoiding, remedying or mitigating any adverse effects of
     activities on the environment.
    
       PART 2 - Objectives of the Threatened Species Protection System
                          Established by this Act
    
    3.  The objectives of the threatened species protection system
   established by this Act are, in support of the objectives specified in
   Part 1 of this Schedule -
  
      (a)  to ensure that all native flora and fauna in Tasmania can
     survive, flourish and retain their potential for evolutionary
     development in the wild; and
    
      (b)  to ensure that the genetic diversity of native flora and
     fauna is maintained; and
    
      (c)  to educate the community in the conservation of native flora
     and fauna; and
    
      (d)  to encourage co-operative management of native flora and
     fauna including the making of co-operative agreements for land
     management under this Act; and
    
      (e)  to assist landholders to enable native flora and fauna to be
     conserved; and
    
      (f)  to encourage the conserving of native flora and fauna through
     co-operative community endeavours.
    
      SCHEDULE 2 - Members and Meetings of Scientific Advisory Committee
                       and Community Review Committee
  
                                                   Sections 8(7) and 9(4)
    
    1. Interpretation
  
   In this Schedule,  "Committee"  means the Scientific Advisory
   Committee or the Community Review Committee.
    
    2. Term of office
  
   A member of a Committee is to be appointed for such term, not
   exceeding 3 years, as is specified in the instrument of appointment
   and, if otherwise qualified, is eligible for re-appointment for a
   term, not exceeding 3 years, specified in the instrument of
   re-appointment.
    
    3. Provisions relating to members
  
   Where, by or under any Act, provision is made requiring the holder of
   an office to devote the whole of his or her time to the duties of his
   or her office, that provision does not operate to disqualify him or
   her from holding that office and also the office of a member of a
   Committee.
    
    4. Remuneration, &c., of members
  
   A member of a Committee is to be paid such remuneration, expenses and
   allowances as the Minister may determine, but no such determination
   applies in respect of a member of the Committee who holds office in
   the State Service unless the Commissioner for Public Employment
   approves of the determination.
    
    5. State Service Act 2000 not to apply
  
   The provisions of the  State Service Act 2000  do not apply to, or in
   respect of, the appointment of a member of a Committee and a member of
   the Committee is not, in his or her capacity as such a member, subject
   to the provisions of that Act during his or her term of office.
    
    6. Appointment of substitute to act during absence of member of
   Committee
  
          (1)  The Minister may appoint any person (including a member of
   a Committee other than the chairperson of the Committee) to act in the
   office of the chairperson or appoint any person to act in the office
   of a member of the Committee other than the chairperson while the
   chairperson or that member of the Committee, as the case may be, is
   absent from office through illness or any other cause.
  
          (2)  A member of a Committee other than the chairperson is, for
   the purposes of subclause (1), taken to be absent from his or her
   office if the member is acting in the office of chairperson under
   subclause (1).
  
          (3)  A member of a Committee is, for the purposes of subclause
   (1), taken to be absent from his or her office if there is a vacancy
   in that office which has not been filled in accordance with clause 8.
  
          (4)  A person is not concerned to inquire whether or not any
   occasion has arisen requiring or authorising a person to act in the
   office of a member of a Committee and all things done or omitted to be
   done by that person while so acting are as valid, and have the same
   consequences, as if they had been done or omitted to be done by that
   member.
    
    7. Vacation of office
  
          (1)  The office of a member of a Committee becomes vacant -
  
      (a)  when the member dies; or
    
      (b)  if the member becomes bankrupt, applies to take the benefit
     of any law for the relief of bankrupt or insolvent debtors,
     compounds with his or her creditors or makes an assignment of his
     or her remuneration or estate for their benefit; or
    
      (c)  if the member is absent from 3 consecutive ordinary meetings
     of the Committee of which reasonable notice has been given to him
     or her, either personally or in the ordinary course of post, unless
     on leave granted by the Minister or unless, before the expiration
     of 3 weeks after the last of those meetings, the member is excused
     by the Minister for his or her absence from those meetings; or
    
      (d)  if the member is convicted in Tasmania of a crime or offence
     which is punishable by imprisonment for a period of not less than
     12 months, or if the member is convicted elsewhere than in Tasmania
     of an offence which, if committed in Tasmania, would be a crime or
     an offence so punishable; or
    
      (e)  if the member resigns his or her office by writing under his
     or her hand addressed to the Minister and the Minister accepts the
     resignation; or
    
      (f)  if the member is removed from office by the Minister under
     subclause (2).
    
          (2)  The Minister may remove from office a member of a
   Committee if the Minister is satisfied that the member -
  
      (a)  has voted at any meeting of the Committee in respect of any
     matter in which the member was at the time interested (otherwise
     than as a member of the public or as an elector of, or rate-payer
     to, any municipality, or as a shareholder in a company in which
     there were at that time more than 20 members and of which the
     member was not at that time a director or officer); or
    
      (b)  is unable to perform adequately or competently the duties of
     the member's office.
    
          (3)  A member of a Committee must not be removed from office
   otherwise than in accordance with this clause.
    
    8. Filling of casual vacancies
  
   On the occurrence of a vacancy in the office of a member of a
   Committee otherwise than by the expiration of the term for which the
   member was appointed, the Minister may appoint a person to the vacant
   office for the balance of his or her predecessor's term of office.
    
    9. Protection of members of Committee
  
   A member of a Committee is not personally liable for an honest act or
   omission in the performance or the purported performance of functions,
   or exercise or purported exercise of powers, under this Act.
    
    10. Validity of proceedings, &c.
  
          (1)  An act or proceeding of a Committee is not invalidated or
   prejudiced by reason only of the fact that, at the time when the act
   or proceeding was done, taken or commenced, there was a vacancy in the
   membership of the Committee.
  
          (2)  All acts and proceedings of a Committee are,
   notwithstanding the subsequent discovery of any defect in the
   appointment of any member of the Committee or that any person was
   disqualified from acting as, or incapable of being, a member of the
   Committee, as valid as if the member had been duly appointed and was
   qualified to act, or capable of being, a member and as if the
   Committee had been fully constituted.
    
    11. Presumptions
  
   In any proceedings by or against a Committee, unless evidence is given
   to the contrary, proof is not required of -
  
      (a)  the constitution of the Committee; or
    
      (b)  any resolution of the Committee; or
    
      (c)  the appointment of any member of the Committee; or
    
      (d)  the presence of a quorum at any meeting of the Committee.
    
      12. Convening of meetings of Committee
  
   Meetings of a Committee may be convened by the chairperson of the
   Committee or by any 3 members of the Committee.
    
    13. Procedure at meetings
  
          (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.
  
          (2)  Questions arising at a meeting of a Committee are to be
   determined by a majority of votes of the members of the Committee
   present and voting.
  
          (3)  A Committee may obtain information from any person so as
   to assist it in the discharge of its functions.
  
          (4)  A Committee must keep full and accurate minutes of the
   proceedings at each of its meetings.
    
    14. Chairing of meetings
  
   The chairperson of a Committee or, in the absence of the chairperson,
   the person acting in the office of chairperson is to preside at a
   meeting of the Committee.
    
    15. General procedure
  
   The procedure for the calling of, and for the conduct of business at,
   meetings of a Committee is, subject to any procedure that is specified
   in this Schedule, to be as determined by the Committee.
  
       SCHEDULE 3 - Taxa of native flora and fauna which are endangered
  
                             PART 1 - Extant taxa
  
                              Division 1 - Fauna
  
                         Subdivision 1 - Vertebrates
  
         
  
                             Table Of Amendments
                                     
   Act Number and year Date of commencement
   Threatened Species Protection Act 1995 No. 83 of 1995 14.11.1995
   Resource Planning and Development Commission Act 1997 No. 85 of 1997
   1.1.1998
   Legislation Publication Act 1996 No. 17 of 1996 19.5.1998
   Threatened Species Protection Order 2000 S.R. 2000, No. 6 1.3.2000
   Threatened Species Protection Order (No. 2) 2000 S.R. 2000, No. 81
   21.6.2000
   Threatened Species Protection Order (No. 3) 2000 S.R. 2000, No. 158
   23.8.2000
   Statutory Holidays (Consequential Amendments) Act 2000 No. 82 of 2000
   13.12.2000
   Threatened Species Protection Order 2001 S.R. 2001, No. 70 27.6.2001
   Threatened Species Protection Amendment Act 2001 No. 107 of 2001
   17.12.2001
   Threatened Species Protection Order 2002 S.R. 2002, No. 26 24.4.2002
   Threatened Species Protection Order (No. 2) 2002 S.R. 2002, No. 156
   18.12.2002
   National Parks and Wildlife Separation (Consequential Amendments) Act
   2002 No. 64 of 2002 31.12.2002
   Statute Law Revision Act 2003 No. 9 of 2003 16.4.2003
   Threatened Species Protection Order 2003 S.R. 2003, No. 90 6.8.2003
   Threatened Species Protection Order 2004 S.R. 2004, No. 38 9.6.2004
   Threatened Species Protection Order 2005 S.R. 2005, No. 34 4.5.2005
   Threatened Species Protection Order 2006 S.R. 2006, No. 1 25.1.2006
   Dam Works Legislation (Miscellaneous Amendments) Act 2007 No. 6 of
   2007 16.7.2007
   Threatened Species Protection Order 2008 S.R. 2008, No. 43 21.5.2008
   Threatened Species Protection Order (No. 2) 2008 S.R. 2008, No. 120
   8.10.2008
   Threatened Species Protection Order 2009 S.R. 2009, No. 15 11.3.2009
   Resource Planning and Development Commission Legislation
   (Miscellaneous Amendments) Act 2009 No. 28 of 2009 1.9.2009
   Threatened Species Protection Order (No. 2) 2009 S.R. 2009, No. 200
   30.12.2009                                             
  
   CURRENT VIEW:  30 Dec 2009
                                                                        
  


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