Nature Conservation (Wildlife) Regulations 2021 (the Regulations) came into effect on 30 November 2021. These regulations are a replacement for the
Wildlife (General) Regulations 2010 and
Wildlife (Exhibited Animals) Regulations 2010. Under the Regulations, applicants for permits and licences must declare if they have been convicted of a 'relevant offence' within the previous five years. If an applicant has been convicted of a relevant offence, they may not be eligible to receive a permit or licence.
The Regulations provide for the Secretary to nominate offences within the listed Acts as relevant. The Secretary may also nominate relevant offences from other Acts not listed within the regulations. This change increases fairness, by ensuring that applicants who have a conviction for an offence unrelated to the intent of the regulations are still eligible for a permit or licence.
The Department's Relevant Offences Policy defines relevant offences as those relating to:
- Offences against fauna;
- Offences relating to the misuse of means by which wildlife may be taken and
- Offences relating to obstruction or intimidation of authorised officers or veterinary staff in carrying out of their legislative duties.
The Legislation with Exclusions and Legislation with Inclusions tables identify relevant offences in relation to this definition.
Legislation with Exclusions
Sections that are excluded as relevant offences|
Nature Conservation Act 2002||s20 – Prohibition on certain names except in reference to reserved land|
Nature Conservation (Wildlife) Regulations 2021||No Exclusions|
Animal Welfare Act 1993||s11A – Rodeos|
Firearms Act 1996||No Exclusions|
Whales Protection Act 1988||No Exclusions|
Threatened Species Protection Act 1995||Excludes offences against listed flora|
Legislation with Inclusions
Parts/Divisions/Sections that are included as relevant offences|
National Parks and Reserves Management Act 2002|
s36 – Prohibition on destroying trees
Part 4 – Provisions Relating to Enforcement
s85 – Assistance to officers
National Parks and Reserves Management Regulations 2019|
Part 2 Division 5 - Grant of authority
Part 2 Division 3 – General use of reserved land
Dog Control Act 2000|
s19AB – Dogs must not injure or kill sensitive wildlife
s19AC – Collection of sample by authorised officer
Further information can be found at our Wildlife Regulations Review webpage.
Nature Conservation (Wildlife) Regulations 2021 are available from the Tasmanian Government website.
For further information on the
Nature Conservation (Wildlife) Regulations 2021, please contact the Department's Wildlife Management team.