Vulnerable Species Protection Act 2018

Enacted 12 March 2018

Part 1 - Objectives
The objectives of this Act are to:
1. Promote the recovery of the named  vulnerable species,
2. Protect and enhance the habitats of named vulnerable species, and
3. Promote public understanding of the species, its habitat and its vulnerability.

Part 2 - Names of Vulnerable Species
The named vulnerable species for the purposes of this Act are
1. Lasiorhinus latifrons, commonly known as the southern hairy-nosed wombat, is a native, marsupial found in scattered areas of semiarid scrub.
2. Pelecanus conspicillatus, commonly known as the Australian Pelican, is a large waterbird of the family Pelecanidae, widespread on inland and coastal waters.
3. Trichosurus vulpecula, commonly known as the common brushtail possum, is a native, nocturnal, semi-arboreal marsupial of the family Phalangeridae.
4. Pteropus poliocephalus, commonly known as the grey headed flying fox, is a herbivorous megabat found in forested areas.
5. Setonix brachyurus, commonly known as the quokka, is a small macropod about the size of a domestic cat.

Part 3 - Offenses
1. Any human who knowingly or recklessly harms or attempts to harm a named vulnerable species, as defined in Part 2 of the Act is guilty of an offence with a maximum sentence of 100,000 shills and 2 years imprisonment.
2. Any human who knowingly or recklessly damages or attempts to damage the land or habitat of a named vulnerable species, including but not limited to dens, burrows, nests, breeding grounds, feeding grounds, migratory routes, and the like, is guilty of an offence with a maximum sentence of 1,000,000 shills and 5 years imprisonment.
3. Section 2 requirements are waived if the person has the required permit to allow such works from the Government unless knowing that such works would breach Section 1.
4. In the event of a state or national emergency, Section 1 and 2 requirements may be waived through an Emergency Act.

Part 4 - Permits
1. An application for a permit must be submitted to the Minister for the Environment and include all information required by regulation.
2. The application required under Section 1 must include the prescribed fee set out in regulation.
3. The Minister for the Environment may grant or refuse a permit, or may require further information to process the application.
4. A permit granted under Section 3 must be time limited (expire).
5. A permit granted under Section 3 may be revoked at any time by the Minister for the Environment.

Part 5 - Permit Conditions
1. The Minister for the Environment may impose conditions on any permit including, but not limited to, keeping of animals, treatment of animals, keeping of records, release of animals, and the like.
2. A person who breaches a condition of permit is guilty of an offence with a maximum sentence of 1,000,000 shills and 5 years imprisonment.

Part 6 - Right of Appeal
1. A person who is refused a permit may appeal that decision to the Environmental Courts.
2. A person who is granted a conditional permit may appeal the condition(s) placed to the Environmental Courts.
3. A person whose permit is revoked may appeal to the Environmental Courts.
4. Any appeal made under Section 1 or 2 must be made within 3 months of the Minister for the Environments decision.
5. Any appeal made under Section 3 must be made within 3 months of the Minister for the Environments decision or  before the expiry date of the revoked permit, whichever is sooner.

Part 7 - Miscellaneous Provisions
1. The Minister for the Environment may amend the named vulnerable species as defined in Part 2 as s/he sees fit.
2. A scientific committee may nominate any species to be included or removed within the list of named vulnerable species. The Minister for the Environment must determine to include or exclude any nominated species within 6 months of nomination.
3. The Minister for the Environment must publish material regarding the named vulnerable species as defined in Part 2 relating to the species and its habits as s/he sees fit.
4. The Minister for the Environment may create or withdraw special areas of habitat  protection for named vulnerable species as defined in Part 2 as s/he sees fit.