The Department of Natural Resources and Environment Tasmania (NRE Tas) is reviewing the Industrial Hemp Act 2015 (‘the Act') as part of our regulatory commitment to responsible research, cultivation, supply and production of industrial hemp.
Regulation enables industrial hemp crops to be easily differentiated from medicinal and illegal cannabis crops and ensure appropriate use across Tasmania.
As it is more than five years since the Act was drafted, NRE Tas will undertake a review to ensure the regulatory environment is proportionate to the needs of this growing industry.
The Tasmanian Government supports regulation that is balanced, transparent and targeted. As outlined in the Competitiveness of Tasmanian Agriculture for 2050 White Paper there is an initiative to ‘work with the hemp industry to explore options to support future growth and streamline regulation’.
As such, NRE Tas has appointed a steering committee with members from relevant agencies to lead the review. A key aspect of this review is the engagement and discussion with key industry stakeholders and the wider community, as part of a phased approach where we can gain a good understanding of interactions with the Act and highlight future opportunities.
Extensive consultation was undertaken with industry and key stakeholders prior to the initial development of the Act in 2015. Informal discussions have been conducted at several points leading up to this review.
Stakeholder Consultation
The first phase of reviewing the Act was a call for submissions from targeted key stakeholders; those groups identified as having the potential to be impacted operationally by the review. Key stakeholders were encouraged to make submissions on the areas of possible changes highlighted in a call for submissions paper by 5 pm Friday, 11 February 2022.
The feedback received from stakeholders is recorded in the Consultation Summary Report
Further targeted consultation with key stakeholders will occur during early 2023. The steering committee will provide policy options for the Tasmanian Government to respond to the issues raised through the review. A consultation draft of proposed legislative amendments will be prepared and planned for introduction to parliament by the end of 2023.
More information about the review is available in the Industrial Hemp Review Frequently Asked Questions.
Scope of the review
The review is considering opportunities to update and modernise the Industrial Hemp Act 2015 since it commenced approximately five years ago. It will also consider activities with industrial hemp that were not contemplated when the Act was drafted. The review focuses on three broad areas:
Update existing definitions to clarify scope of regulation, considering ongoing changes in the industry.
Clarify the interaction of the Act with other legislation.
Assess the Act to ensure the level of regulation remains proportionate to risk.
The review will not consider:
Medicinal and recreational cannabis production
The review will not consider amendments to the Act for the production of cannabis for medicinal and associated scientific uses. Only the Australian Government, through the Office of Drug Control (ODC), can authorise the production and supply of cannabis products for the purposes of curing or alleviating the symptoms of a disease, ailment, or injury.
The review will not consider the regulation of crops for commercial recreational cannabis or personal cultivation; this remains an illegal activity.
Licencing fees
The review notes the Act retains provisions to charge a fee for industrial hemp licences. Currently, there are no fees associated with licence applications. The review will accept suggestions on this topic, but it is not within the specific scope of the review.