Download Threatened Species

Q+A Sheet
3a
Threatened Species Legislation
How does Threatened Species legislation
work in Tasmania?
The Tasmanian Government is bound by inter-governmental, national and international
commitments for protecting biodiversity values, including specific policy and legislative
commitments for the protection of native plants, animals and ecological communities.
All Tasmanian land use regulations are bound by the objectives of the Resource
Management and Planning System of Tasmania. The objectives include avoiding
remedying or mitigating any adverse effects of activities on the environment and as such,
regulators are obliged to determine whether a proposal has adequately identified biodiversity
values such as threatened or protected species or threatened vegetation communities
(for information about threatened vegetation communities see Part 4 of this guide).
Impacts on threatened species in Tasmania are mostly regulated through the Threatened
Species Protection Act 1995 introduced by the state government to protect and
manage threatened plants (flora) and animals (fauna), and in some circumstances
under the Nature Conservation Act 2002. The Threatened Species Protection Act
1995 is administered by the Department of Primary Industries and Water (DPIW)
and operates within the Resource Management and Planning System for Tasmania.
The DPIW regulates the taking, keeping, trading in or processing of all listed
species and is also responsible for the development of listing statements and
recovery plans for threatened species. Government agencies and the community
are expected to adhere to threatened species recovery plans.
Compliance
Enforcement is primarily the responsibility of authorised officers under the
Threatened Species Protection Act 1995 and/or the Nature Conservation Act
2002. These officers are mainly staff from the Department of Primary Industries
and Water. The enforcement means available include:
• Prosecution: A person may be prosecuted where their actions are considered to
be an offence. If conviction occurs, the court may impose a penalty. Additional
penalties may be imposed by the court such as cancellation of a permit, forfeit
of equipment or materials, or forfeit of any threatened species or products of
threatened species found in the possession of the convicted person.
• Prescribed fine: As an alternative to prosecution, a person may be issued with
a prescribed fine to make good any damage done, or any loss incurred.
• Payment of compensation: If a person is convicted of an offence involving
destruction or damage to a threatened species or its habitat, the court may
order that person to pay compensation in addition to any other penalty.
• Restoration work: If a person is convicted of an offence involving the
destruction of, or damage to, a specimen of a threatened species or a critical
habitat, the court may order the person to carry out restoration work. The
order may be in addition to, or in substitution for, any other penalty.
1
part 3
Threatened Species
What are my legal responsibilities as a farmer?
As a farmer / landowner, you must not (without a permit or approval):
• Clear threatened native vegetation communities without a Forest
Practices Plan (refer to Part 4 of this guide).
• Knowingly kill, take or damage a threatened species.
If you are planning to undertake an activity that involves the clearing of land,
changing land use in a way that will substantially modify species habitats,
or any specific action that involves taking a threatened species, you will
need approval from the Tasmanian Government. You should contact the
Department of Primary Industries and Water to discuss how the legislation
applies to you. While approvals under the threatened species legislation
are dealt with by the Department, there is also a range of other assessment
processes where the assessment for ‘taking’ a threatened species is dealt with
as part of an integrated assessment. Examples include Forest Practices Plans
and dam applications.
• Keep, trade in or process a threatened species.
If you are planning to keep, trade in or process a listed threatened species
(including importing or exporting such a species), you will require a permit
from the Department of Primary Industries and Water. Where approval is
also required under the Wildlife Regulations 1999 for keeping, trading in or
processing protected wildlife, one assessment and a combined approval can
usually be provided.
• Damage or destroy a nest or dwelling place of a protected species.
• Abandon or release any specimen of a threatened species into the wild.
• Breach the relevant conditions set out in a conservation covenant or
vegetation management agreement. For example disturbing a threatened
species on land subject to an interim protection order, contrary to a land
management agreement; or subject to a conservation covenant under the
Nature Conservation Act 2002 without a permit is an offence in Tasmania.
• There are also penalties for related matters under the regulations,
including contravening or causing or allowing another person to contravene
a condition of the permit; providing false or misleading information; and
failing to keep or provide a prescribed record for dealing with a threatened
species where required to do so by notice.
Information on applying for a Threatened Species Permit, as well as information
on specific programs and policies relating to threatened species, can be found at:
www.dpiw.tas.gov.au.
2
Q+A Sheet
3b
Threatened Species
What are threatened species?
The term threatened species refers to individual species of animals or plants that
have a certain level of threat to their survival in the wild.
Threatened species are listed as such under legislation to reduce the impact of
current threats on the species, and to develop approaches (e.g. research and other
actions) that contribute to the recovery of the species. There is an overarching
aim to ensure that individual species do not become further endangered, or in the
case of an endangered species, that they do not become extinct. Many species
that are listed on the Threatened Species Protection Act 1995 in Tasmania are
also listed on the Commonwealth Environment Protection and Biodiversity
Control Act 1999 (EPBC Act).
The assessment of the level of threat posed to the species is based on how rare
it is, its rate of decline in recent years (less 10 years), its long-term decline since
European settlement, current threats to the species as well as biological constraints
that render the species more susceptible to decline.
There are three categories of threatened species in the Tasmanian legislation:
• Endangered species - in danger of extinction because long-term survival
is unlikely while the factors causing it to be endangered continue operating.
Examples include the Wedge-tailed Eagle, New Holland mouse and Morrisby’s
Gum.
This category also includes species that are presumed to be extinct on the
ground that no occurrence of the taxon in the wild can be confirmed during
the past 50 years.
• Vulnerable species - likely to become endangered while the activities causing
them to be vulnerable continue operating. An example is the Ptunarra brown
Butterfly.
• Rare species - species with a small population in Tasmania that are not
endangered or vulnerable but are at risk. Examples include the Great Crested
Grebe and the Risdon Peppermint.
There are approximately 670 species listed as threatened in Tasmania. The
complete list of threatened species, as well as all current listing statements,
recovery plans and general information on threatened species can be found on
the DPIW website: www.dpiw.tas.gov.au. This list is regularly updated, and it is
your responsibility to check for changes to the threatened species list.
The following summary table provides examples of threatened species known
to occur on agricultural land in Tasmania that are listed under the Threatened
Species Protection Act 1995.
3
part 3
Threatened Species
Table: List of threatened species that are known to occur on agricultural land in Tasmania
listed under the Threatened Species Protection Act 1995 (January 2008)
Common Name
Specid Name
Spotted-tailed Quoll
Dasyurus maculatus maculatus
Eastern-barred Bandicoot
Perameles gunnii gunnii
New Holland Mouse
Pseudomys novaehollandiae
Tasmanian Devil
Sarcophilus harrisii
Grey Goshawk
Accipiter novaehollandiae
Azure Kingfisher
Alcedo azurea diemenensis
Wedge-tailed Eagle
Aquila audax fleayi
White-bellied Sea-Eagle
Haliaeetus leucogaster
Forty-spotted Pardalote
Pardalotus quadragintus
Masked Owl
Tyto novaehollandiae castanops
Green and Gold Frog
Litoria raniformis
4
part 3
Threatened Species
What causes a species to become threatened?
Threats to native species can include:
• Loss of populations of species or their habitats due to clearing;
• Changes in land use or land management practices that impact on individual
species;
• Impacts due to pollution and other changes in physical factors (eg chemical
spray);
• Predation, competition or infection from introduced species, weeds or
disease;
• The effects of climatic change e.g. drought;
• Unsustainable levels of harvesting of an individual species; and
• Other risks, such as bushfires impacting on a species that has a limited
distribution.
How can I tell if there is a threatened species on my land?
You can either contract a Forest Practices Officer or a natural resource management
consultant to help you to assess the potential for threatened species and threatened
vegetation communities for your property or you can try to do it yourself.
If you decide to try and do it yourself you should:
• Contact your local council for advice about threatened species known in your
area;
• Seek advice and further information from the Threatened Species Section of
DPIW;
• Look at maps in your area on the TASVEG website www.thelist.tas.gov.au.
5
part 3
Threatened Species
How can I manage threatened species on my land?
• Seek advice on which threatened species might occur on your land and on
your obligations and rights in respect of them. Speak to someone in the DPIW
Threatened Species Section if you have any questions regarding threatened
species, or the threatened species legislation.
• Property planning can assist in determining suitable management that will
reduce impacts on threatened species and also provide for sustainable land
management. Management practices such as grazing, slashing and burning
can be advantageous to some threatened species, particularly those that
occur in drier vegetation types and grassy ecosystems. On-farm maintenance
activities of this type generally do not require a permit, unless these actions will
result in the ‘taking’ of a species by destroying individuals.
• The Department of Primary Industries and Water and its partners run voluntary
conservation programs that allow for landowners to enter into Conservation
Covenants and Management Agreements with the Crown for the protection of
natural values on their land, including threatened species. Financial incentives
are available in some cases. Further information on these programs can be
can be found on the Department website: www.dpiw.tas.gov.au.
Contact the Threatened Species Section of DPIW on 1300 368 550 or visit the
Department’s website at www.dpiw.tas.gov.au for more information regarding
threatened species or threatened species legislation.
6
Q+A Sheet
part 3c
Resources and Information
Other relevant Acts and Codes
View various legislation
www.thelaw.tas.gov.au or Printing Authority of Tasmania’s bookshop
View various Commonwealth legislation
www.comlaw.gov.au
Nature Conservation Amendment (Threatened Native Vegetation
Communities) Bill 2006
www.parliament.tas.gov.au/bills/pdf/19_of_2006.pdf
Useful publications and websites
List of Threatened Species (Tasmania) listed under the Threatened
Species Protection Act 1995
www.dpiw.tas.gov.au/inter.nsf/WebPages/SJON-58E2VD?open
List of Threatened Species (Australia) listed under the EPBC Act 1999
www.environment.gov.au/biodiversity/threatened/index.html
Recovery plans for Threatened Species
www.dpiw.tas.gov.au/inter.nsf/WebPages/LJEM-6H644R?open#Forfurtherinformation
Tasmania’s Threatened Fauna Handbook
www.dpiw.tas.gov.au/inter.nsf/WebPages/RLIG-5446TS?open
Threatened Flora of Tasmania CD
www.dpiw.tas.gov.au/ThreatenedFloraCD/
Tasmanian Bushcare Toolkit
www.dpiw.tas.gov.au
Managing Tasmanian Native Pastures: A Technical Guide for
Graziers
www.downloads.lwa2.com/downloads/publications_pdf/PN061152_intro_ch1.pdf
Information on applying for a threatened species permit, as well as
information on specific programs and policies
www.dpiw.tas.gov.au
7