AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 28

Supplementary provisions as to wildlife regulations

(1)  The wildlife regulations may make differing provisions with respect to different places or parts of the State and with respect to different times, places and circumstances.
(2)  The wildlife regulations may prohibit the doing of any act –
(a) during periods, or otherwise than during periods, specified in the wildlife regulations; and
(b) in places or parts of the State, or otherwise than in places or parts of the State, specified in the wildlife regulations.
(3)  The wildlife regulations may confer powers or discretions on the Secretary, rangers, persons employed in the Department and other persons.
(4)  The power to make provision in the wildlife regulations for the prohibition or control of the doing of any act includes power to make provision for the prohibition of the doing of that act otherwise than under the authority of a licence or permit.
(5)  For the purposes of subsection (4) , the wildlife regulations may provide for –
(a) the terms of a licence or permit referred to in that subsection; and
(b) the authority granted by that licence or permit; and
(c) the issue, duration, renewal, suspension, cancellation or surrender of that licence or permit; and
(d) the circumstances in which, or the conditions under which, that licence or permit may, or may not, be issued or renewed, or refused to be issued or renewed, or suspended, cancelled or surrendered.
(6)  The wildlife regulations, in relation to any matter that may be made the subject of prohibition or control under the regulations, may provide for –
(a) the production, inspection, marking or identification of any wildlife, products of wildlife or protected plant; and
(b) the giving of notifications and other information to the Secretary, rangers, persons employed in the Department and other persons; and
(c) the keeping and production of records.
(7)  The wildlife regulations –
(a) may require the payment of fees or charges in respect of –
(i) the issue or renewal of licences or permits issued under the regulations; and
(ii) applications for the issue or renewal of those licences or permits; and
(iii) any inspection, marking or identification carried out under the regulations; and
(b) may provide for the collection of any such fees or charges.
(8)  The wildlife regulations may impose penalties for contraventions of any provision of the wildlife regulations and –
(a) different penalties may be imposed for successive contraventions of those provisions or any of them; and
(b) a daily penalty, not exceeding 1 penalty unit, may be imposed in respect of each day for which the contravention continues; and
(c) additional penalties, in addition to any penalty otherwise prescribed, not exceeding 5 penalty units, may be imposed in respect of –
(i) each individual creature, the products of each individual creature or each plant; or
(ii) each piece of hunting equipment –
with respect to which the contravention was committed.
(9)  Any penalty imposed pursuant to this section in respect of any individual contravention, and the aggregate of all the penalties so imposed, may not exceed 100 penalty units.
(10)  A reference in this section to the doing of an act includes a reference to the keeping of any thing, the having of any thing in possession and the engaging in any activity or course of conduct.
(11)  Nothing in the wildlife regulations prejudices or affects the exercise of any authority given by a permit granted under section 29 .



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