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FACT SHEET
Threatened Species Protection Amendment Bill 2018
The shooting of three threatened eagles since May last year has provoked community
outrage and resulted in significant media attention on the penalties for taking these, and
other threatened species.
Currently, the Threatened Species Protection Act 1995 imposes a maximum of 100 penalty
units which, at $159 per unit, means the maximum fine is $15 900, and there are no
provisions in the Act to impose a custodial sentence. The maximum daily penalty is
currently one fifth of the maximum overall penalty.
On 7 September 2017 (World Threatened Species Day), the Tasmanian Government
announced that the penalties for taking threatened species would be increased, and a
maximum custodial sentence would be introduced via an amendment to the Threatened
Species Protection Act 1995.
In most other comparable jurisdictions (Commonwealth, States and Territories, and New
Zealand) the penalties for taking threatened species are substantially greater, including
significantly higher fines and custodial sentences.
Sections 51 and 61 of the Threatened Species Protection Act 1995 will be amended to
increase the overall penalty to a maximum of 629 penalty units at a total of $100 011,
while the maximum daily penalty for each day during which the offence continues after
conviction will rise to 126 penalty units (currently $20 034).
A maximum 12 month custodial will also be introduced, which could be imposed in
addition, or as an alternative to, the monetary penalties.
Amending Tasmania’s Threatened Species Protection Act 1995 to increase penalties and
impose a maximum custodial sentence will provide a robust legal position regarding the
seriousness of contravening the Act, and send a clear message regarding the unlawful and
irresponsible taking of our unique fauna and flora.
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