{"id":"biodiversity-act-2025","name":"Biodiversity Act 2025","slug":"biodiversity-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31654,"registerId":"sa-biodiversity-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects, principles and general duty etc","content":"Part 2—Objects, principles and general duty etc\n7—Objects\nThe objects of this Act are—\n\t(a)\tto promote biodiversity conservation and restoration as a responsibility equitably shared by all of society across all sectors and supported by individual accountability; and\n\t(b)\tto recognise and respect that Aboriginal people are the enduring custodians of the lands and waters of the State and have a fundamental role in, and knowledge of, caring for Country, including in relation to conserving and restoring biodiversity; and\n\t(c)\tto protect, restore and enhance biodiversity such that there is an improvement in the state of biodiversity at all scales and to build the resilience of biodiversity, including resilience to the impacts of climate change; and\n\t(d)\tto promote halting and reversing biodiversity loss; and\n\t(e)\tto identify and prioritise biodiversity assets for conservation and restoration across the State to inform land use planning and decision‑making frameworks; and\n\t(f)\tto ensure that biodiversity management takes into account the importance of biodiversity in addressing climate change; and\n\t(g)\tto ensure that interactions with, management of and use of biodiversity is sustainable and appropriate such that the current generation maintains or enhances the health and resilience of biodiversity for the benefit of future generations.\nA person or body engaged in the administration of this Act must seek to give effect to the objects in this section.\n8—Principles\nA person or body engaged in the administration of this Act must seek to give effect to the following principles:\n\t(a)\tthat halting and reversing biodiversity loss, such that there is an improvement in the state of biodiversity, will require embracing new and transformative ways of thinking and acting to support the environment, culture, economy and wellbeing of the current generation and future generations;\n\t(b)\tthat the community has a right to know about and participate in environmental decision‑making;\n\t(c)\tthat Aboriginal people with a strong connection to Country will be engaged in a way that is respectful and mindful of cultural sensitivities and the historical and persisting impacts of colonisation;\n\t(d)\tthat decisions should be based on the best available evidence, including scientific evidence, Aboriginal knowledges and local knowledge, and be made having regard to the potential long‑term, medium‑term and short‑term impacts of climate change;\n\t(e)\tthat lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation if there are threats of serious or irreversible environmental damage.\n9—Acting consistently with State Biodiversity Plan\nA person or body engaged in the administration of this Act must act consistently with, and where appropriate give effect to, the State Biodiversity Plan in making decisions under this Act.\n10—Aboriginal knowledges\nA person or body engaged in the administration of this Act must, as far as is practicable, seek Aboriginal knowledges and, where available and endorsed by the holders of the knowledges, consider and apply the knowledges, at all times respecting the sensitivity of the sharing of cultural knowledge, in the following:\n\t(a)\tthe identification, approval and management of Culturally Significant Biodiversity Entities;\n\t(b)\tpreparing and reviewing the State Biodiversity Plan;\n\t(c)\tpreparing and implementing plans following the listing of native species, ecological communities and ecological entities on a designated list and the declaration of critical habitat in accordance with Part 6;\n\t(d)\tpreparing Council guidelines and biodiversity policies under this Act;\n\t(e)\tin the case of the Scientific Committee—carrying out an extinction inquiry under section 82.\n11—General duty\n\t(1)\tA person must not carry out or undertake an act or activity that harms or has the potential to harm biodiversity unless the person takes all reasonable and practicable measures to prevent or minimise any resulting harm.\n\t(2)\tIn determining what reasonable and practicable measures are required to be taken in accordance with this section, regard is to be had, amongst other things, to the following:\n\t(a)\tthe objects of this Act in section 7 and the principles in section 8;\n\t(b)\tthe likelihood of harm arising from the act or activity, taking account of factors such as the sensitivity of the affected environment or element of biodiversity;\n\t(c)\tthe potential impact of the harm, including the nature, extent and duration of any harm and the extent to which the harm might have a cumulative effect;\n\t(d)\tthe extent to which the person knows or ought reasonably to know about, or have reasonably foreseen, the likelihood of harm and ways to eliminate or minimise it;\n\t(e)\tthe availability, suitability and practicability (including cost) of measures to prevent or minimise harm or the risk of harm;\n\t(f)\tany matters prescribed by regulations or a biodiversity policy in accordance with subsection (3).\n\t(3)\tRegulations or a biodiversity policy may specify—\n\t(a)\tacts and activities that will, or will not, be taken to harm biodiversity; and\n\t(b)\tmatters to be taken into account in determining what reasonable and practicable measures are required to be taken under this section; and\n\t(c)\tmeasures that will, or will not, be taken to constitute reasonable and practicable measures for the purposes of compliance with the duty.\n\t(4)\tA person will be taken not to be in breach of the duty under this section if they are acting—\n\t(a)\tin accordance with a requirement under this Act or another Act; or\n\t(b)\tin accordance with a permission, right or entitlement under this or another Act; or\n\t(c)\tin prescribed circumstances; or\n\t(d)\tin compliance with a biodiversity policy made for that purpose.\n\t(5)\tFailure to comply with the duty under this section does not of itself constitute an offence, but—\n\t(a)\tcompliance with the duty may be enforced by the issuing of a compliance order or reparation order; and\n\t(b)\tan order may be issued or an order may be made by the ERD Court under Part 8 Division 4 Subdivision 1 in respect of non‑compliance with the duty.\n\t(6)\tFor the purposes of this section—\nact includes any omission;\nharm to biodiversity is taken to be a direct or indirect adverse impact on biodiversity that is not trivial, having regard to—\n\t(a)\tthe extent and scale of the impact; and\n\t(b)\tthe sensitivity of the affected environment; and\n\t(c)\tany matter that may be prescribed by regulations or a biodiversity policy.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n12—Delegation by Minister\n\t(1)\tSubject to this section, the Minister may delegate any of the Minister's functions under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act.\n\t(2)\tA delegation—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(c)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(d)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(e)\tis revocable at will and does not derogate from the power of the delegator to act in any matter.\n\t(3)\tThe Minister cannot delegate the function of making recommendations to the Governor.\n\t(4)\tA person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator.\nMaximum penalty: $20 000.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter.\n13—Ministers not to administer Act\nThe following Ministers must not assume responsibility for the administration of this Act:\n\t(a)\tthe Minister administering a mining Act;\n\t(b)\tthe Planning Minister.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Statutory bodies","content":"Division 2—Statutory bodies\n","sortOrder":3},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Biodiversity Council","content":"Subdivision 1—Biodiversity Council\n14—Establishment of Biodiversity Council\nThe Biodiversity Council is established.\n15—Composition of Council\n\t(1)\tThe Council will consist of at least 7 members and not more than 12 members appointed by the Governor, on the recommendation of the Minister, of whom—\n\t(a)\t1 must be a member of the CAC; and\n\t(b)\t2 must be members of the ABC (being persons of different genders); and\n\t(c)\t1 must be a member of the Scientific Committee.\n\t(2)\tThe Minister must, when recommending persons for appointment to the Council, seek to ensure that, as far as is practicable, the members of the Council—\n\t(a)\thave a balance of expertise that is relevant to addressing the conservation, restoration and enhancement of biodiversity; and\n\t(b)\tcollectively have skills, knowledge and experience in the following areas:\n\t(i)\tterrestrial biodiversity conservation and restoration;\n\t(ii)\taquatic biodiversity conservation and restoration;\n\t(iii)\tlocal government;\n\t(iv)\tenergy and resources;\n\t(v)\tscientific research in relation to biodiversity;\n\t(vi)\tprimary production or pastoralism;\n\t(vii)\tland use, urban or regional planning;\n\t(viii)\tclimate change adaptation and mitigation;\n\t(ix)\tAboriginal knowledges.\n\t(3)\tIn addition, the Minister should seek to recommend persons for appointment to the Council who can demonstrate—\n\t(4)\tSubject to subsection (6), the following applies to the recommendation of persons for appointment to the Council:\n\t(a)\t1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Conservation Council of South Australia for the purposes of subsection (2)(b)(i) and (ii);\n\t(b)\t1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Local Government Association of South Australia for the purposes of subsection (2)(b)(iii);\n\t(c)\t1 member must be a person selected by the Minister from a panel of 3 persons nominated by the South Australian Chamber of Mines and Energy for the purposes of subsection (2)(b)(iv);\n\t(d)\t1 member must be a person selected by the Minister from a panel of 3 persons nominated by Primary Producers South Australia for the purposes of subsection (2)(b)(vi);\n\t(e)\t1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Premier's Climate Change Council established by the Climate Change and Greenhouse Emissions Reduction Act 2007 for the purposes of subsection (2)(b)(viii).\n\t(5)\tIf a body referred to in subsection (4) fails to nominate a panel in accordance with the requirements of that subsection, or the Minister considers that none of the 3 persons on a panel referred to in that subsection has the required skills, knowledge or experience, the Minister must request that the body nominate a panel of 3 persons or a panel of 3 different persons (as the case requires).\n\t(6)\tIf, after the Minister makes a request under subsection (5), the body fails to nominate a panel, or the Minister considers that none of the 3 persons on a panel nominated has the required skills, knowledge or experience, the Minister may instead recommend for appointment to the Council any person who the Minister considers has the required skills, knowledge or experience.\n\t(7)\tIf a body referred to in subsection (4) ceases to exist, and no other body takes over its functions, the regulations may prescribe a body to take over the ceased body's function under that subsection and, if the regulations do not do so, the Minister may make a recommendation without a nomination.\n\t(8)\tThe Minister may consult with any entity the Minister thinks fit before recommending a person for appointment to the Council.\n\t(9)\tThe Minister may only recommend a member of the ABC for appointment as a member of the Council on the nomination of the ABC.\n\t(10)\tThe Minister will designate a member of the Council to chair meetings of the Council.\n\t(11)\tThe chair of the Council may not be a member of the Public Service.\n16—Functions of Council\nThe Council has the following functions:\n\t(a)\tto provide advice to the Minister in relation to the administration of this Act;\n\t(b)\tto provide advice to the Minister in relation to the State Biodiversity Plan, including in relation to any reviews of the Plan;\n\t(c)\tto prepare and adopt guidelines for the purposes of section 174;\n\t(d)\tto make the SEB policy and a biodiversity policy relating to environmental benefit credits and to provide advice in relation to other biodiversity policies;\n\t(e)\tto manage the Biodiversity Restoration Fund;\n\t(f)\tto keep under review the operation of the principles of preservation of native plants and to advise the Minister of any changes it considers are necessary or desirable;\n\t(g)\tto keep under review the operation of the mitigation hierarchy and to advise the Minister of any changes it considers are necessary or desirable;\n\t(h)\tto advise the Minister, and provide approvals, in relation to biodiversity agreements;\n\t(i)\tto, on application, review decisions of the CAC to refuse to give consent to applications for consent to clear native plants under Part 4 Division 3 or to revoke such a consent;\n\t(j)\tto engage the community in relation to the importance of biodiversity conservation;\n\t(k)\tsuch other functions assigned to it by or under this Act or by the Minister.\n","sortOrder":4},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Clearance Assessment Committee","content":"Subdivision 2—Clearance Assessment Committee\n17—Establishment of Clearance Assessment Committee\nThe Clearance Assessment Committee is established.\n18—Composition of CAC etc\n\t(1)\tThe CAC will consist of the prescribed number of members.\n\t(2)\tMembers of the CAC will be appointed by the Minister on the basis of the skills and expertise considered necessary to achieve its functions.\n\t(3)\tIn addition, the Minister should seek to appoint persons to the CAC who can demonstrate—\n\t(4)\tOne member of the CAC must be an Aboriginal person who may, but need not, be a member of the ABC.\n\t(5)\tThe Minister will designate a member of the CAC to chair meetings of the CAC.\n\t(6)\tThe chair of the CAC may not be a member of the Public Service.\n\t(a)\tset out requirements as to the requisite skills and expertise of the members of the CAC; and\n\t(b)\tprescribe requirements in respect of the appointment of members of the CAC.\n19—Functions of CAC\nThe CAC has the following functions:\n\t(a)\tto make assessments and decisions regarding clearance of native plants, including determining applications for consent to clear native plants and applications referred under the Planning, Development and Infrastructure Act 2016;\n\t(b)\tto make assessments and decisions regarding destruction, damage and disturbance of critical habitat under Part 6;\n\t(c)\tto apply the SEB policy;\n\t(d)\tto be a source of expert advice to the Council and the Minister in relation to native plant matters, including the management, conservation, restoration and enhancement of native plants;\n\t(e)\tto initiate enforcement action relating to the unlawful clearance of native plants in accordance with Part 8;\n\t(f)\tsuch other functions assigned to it by or under this Act or by the Minister.\n","sortOrder":5},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Aboriginal Biodiversity Committee","content":"Subdivision 3—Aboriginal Biodiversity Committee\n20—Establishment of Aboriginal Biodiversity Committee\nThe Aboriginal Biodiversity Committee is established.\n21—Composition of ABC etc\n\t(1)\tThe ABC will consist of the prescribed number of members.\n\t(2)\tMembers of the ABC will be appointed by the Minister on the basis of the environmental and cultural expertise considered necessary to achieve its functions.\n\t(3)\tIn addition, the Minister should seek to appoint persons who can demonstrate—\n\t(4)\tAll members of the ABC must be Aboriginal persons.\n\t(5)\tThe Minister will designate a member of the ABC to chair meetings of the ABC.\n\t(6)\tThe chair of the ABC may not be a member of the Public Service.\n\t(a)\tset out requirements as to the requisite skills and expertise of the members of the ABC; and\n\t(b)\tprescribe requirements in respect of the appointment of members of the ABC.\n22—Functions of ABC\nThe ABC has the following functions:\n\t(a)\tto provide advice to the Minister in relation to the management of biodiversity from Aboriginal perspectives;\n\t(b)\tto provide advice to the Minister in relation to Aboriginal perspectives on any matters included in this Act that are relevant to Aboriginal people, including the State Biodiversity Plan;\n\t(c)\tto provide advice to the Minister in relation to the application of Aboriginal knowledges in the management of biodiversity;\n\t(d)\tto co‑develop with the Minister relevant biodiversity policies, including the following:\n\t(i)\ta policy about the consideration and application of Aboriginal knowledges in connection with the operation of this Act;\n\t(ii)\ta policy for identifying, approving and managing Culturally Significant Biodiversity Entities;\n\t(iii)\ta policy about cultural burning of native plants undertaken by Aboriginal persons;\n\t(e)\tsuch other functions assigned to it by or under this Act or by the Minister.\n","sortOrder":6},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Scientific Committee","content":"Subdivision 4—Scientific Committee\n23—Establishment of Scientific Committee\nThe Scientific Committee is established.\n24—Composition of Scientific Committee etc\n\t(1)\tThe Scientific Committee will consist of the prescribed number of members.\n\t(2)\tMembers of the Scientific Committee will be appointed by the Minister on the basis of the technical skills and scientific expertise considered necessary to achieve its functions.\n\t(3)\tIn addition, the Minister should seek to appoint persons who can demonstrate—\n\t(4)\tOne member of the Scientific Committee must be an Aboriginal person who may, but need not, be a member of the ABC.\n\t(5)\tThe Minister will designate a member of the Scientific Committee to chair meetings of the Scientific Committee.\n\t(6)\tThe chair of the Scientific Committee may not be a member of the Public Service.\n\t(a)\tset out requirements as to the requisite skills and expertise of the members of the Scientific Committee; and\n\t(b)\tprescribe requirements in respect of the appointment of members of the Scientific Committee.\n25—Functions of Scientific Committee\n\t(1)\tThe primary function of the Scientific Committee is to make final listing decisions and provisional listings in respect of the designated lists.\n\t(2)\tIn addition, the Scientific Committee has the following functions:\n\t(a)\tto provide advice on matters in relation to Part 6, including advice relating to the assessment, listing and recovery of native species, ecological communities and ecological entities;\n\t(b)\tto prepare nominations under Part 6 for native species, ecological communities and ecological entities;\n\t(c)\tto review and provide advice on nominations and assessments in relation to listing decisions under Part 6;\n\t(d)\tto provide advice in relation to the adequacy of the eligibility criteria prescribed for the purposes of section 73;\n\t(e)\tto review and provide advice on nominations, assessments and declarations of critical habitat under Part 6;\n\t(f)\tto review and provide advice on action plans and threat abatement plans under Part 6;\n\t(g)\tto undertake extinction inquiries in accordance with section 82;\n\t(h)\tto provide advice in relation to the adequacy of the designated lists required to be maintained under Part 6 and the effectiveness of the listing processes;\n\t(i)\tto report annually on the operation of Part 6, including on the maintenance of the designated lists required to be maintained under that Part;\n\t(j)\tto provide advice in relation to the State Biodiversity Plan and other relevant plans and policies developed under this Act;\n\t(k)\tsuch other functions assigned to it by or under this Act or by the Minister.\n","sortOrder":7},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Other committees, advisory bodies and trusts","content":"Subdivision 5—Other committees, advisory bodies and trusts\n26—Other committees and advisory bodies\n\t(1)\tThe Council may, with the approval of the Minister, establish such committees as the Council thinks fit to advise or assist the Council.\n\t(2)\tA committee established under subsection (1) may, but need not, consist of or include members of the Council.\n\t(3)\tThe Minister may establish such committees and advisory bodies as the Minister thinks fit for the purposes of this Act.\n\t(4)\tOne member of a committee or advisory body established under this section must be an Aboriginal person who may, but need not, be a member of the ABC.\n\t(5)\tThe regulations may make any provisions necessary or desirable in relation to a committee or advisory body established under this section.\n27—Ability to establish trusts\nThe regulations may establish a trust for the purposes of this Act and make any provisions necessary or desirable in relation to such a trust.\n","sortOrder":8},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Conditions of membership, remuneration, procedures and other matters","content":"Subdivision 6—Conditions of membership, remuneration, procedures and other matters\n28—Conditions of membership\n\t(1)\tA member of the Council and any committee or advisory body established by or under this Act will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment.\n\t(2)\tThe Minister may remove a member of the Council or a committee or advisory body established by or under this Act from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor failing to carry out duties of office satisfactorily; or\n\t(c)\tfor neglect of duty; or\n\t(d)\tfor misconduct.\n\t(3)\tThe office of a member of the Council or a committee or advisory body established by or under this Act becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (2).\n29—Remuneration\nA member of the Council and any committee or advisory body established by or under this Act is entitled to such remuneration, allowances and expenses as the Minister may determine (if any).\n30—Procedures\nThe procedures of the Council and any committee or advisory body established by or under this Act will be as prescribed by regulation or, to the extent that they are not prescribed, as determined by—\n\t(a)\tin the case of procedures of the Council or a committee established by the Council—the Council; or\n\t(b)\tin the case of procedures of the CAC, ABC, Scientific Committee or a committee or advisory body established by the Minister—the Minister; or\n\t(c)\tin the case of procedures of a committee or advisory body and to the extent that the procedure is not determined by the Council or the Minister—by the committee or advisory body.\n31—Application of Public Sector (Honesty and Accountability) Act\nThe Public Sector (Honesty and Accountability) Act 1995 applies to a member of the Council and any committee established by or under this Act as if the Council or committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.\n32—Staff\n\t(1)\tThere must be a secretary to the Council and each committee and advisory body established by or under this Act and such other staff to assist the Council and each committee and advisory body as the Minister thinks fit.\n\t(2)\tEach secretary and other members of staff are to be Public Service employees.\n\t(3)\tThe Council and each committee and advisory body established by or under this Act may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\n33—Annual reports\n\t(1)\tThe Council, CAC, ABC and Scientific Committee must, on or before 31 October in each year, prepare and present to the Minister a report on the work of the Council, CAC, ABC or Scientific Committee (as the case requires) in carrying out its functions and achieving the objects of this Act during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report presented under this section, cause copies of the report to be laid before both Houses of Parliament and publish the report on a website determined by the Minister.\n34—Delegation\n\t(1)\tSubject to this section, the Council or a committee or advisory body established by or under this Act may, with the approval of the Minister, delegate any of its functions.\n\t(2)\tA delegation—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto a person for the time being occupying a particular office or position; and\n\t(c)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(d)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(e)\tis revocable at will and does not derogate from the power of the delegator to act in any matter.\n\t(3)\tA delegation may only be made to a local council or an officer of a local council under this section with the written approval of the relevant council.\n\t(4)\tA person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator.\nMaximum penalty: $20 000.\n\t(5)\tA person who is a member of a local council or the governing body of a body corporate to which functions have been delegated under this section must not take part in any deliberations or decisions of the local council or body corporate made in accordance with the delegation in relation to any matter in which that person has a direct or indirect personal or pecuniary interest.\n\t(6)\tIt is a defence to a charge of an offence against subsection (4) or (5) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter.\n35—Validity of acts of Council, committees, advisory bodies and trusts\nNo act or proceeding of the Council or a committee, advisory body or trust established by or under this Act is invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"Funds","content":"Division 3—Funds\nSubdivision 1—Biodiversity Restoration Fund\n36—Biodiversity Restoration Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Biodiversity Restoration Fund.\n\t(2)\tThe Biodiversity Restoration Fund is subject to the management of the Council.\n\t(3)\tThe Biodiversity Restoration Fund consists of—\n\t(a)\tmoney (other than the money referred to in section 39(3)(a)) that was, immediately before the commencement of this section, held in the Native Vegetation Fund under the Native Vegetation Act 1991; and\n\t(c)\tgrants, donations, gifts or bequests made to the Minister or the Council for purposes related to the Fund; and\n\t(d)\tincome from investment of the Fund; and\n\t(e)\texpiation fees and penalties recovered in respect of offences under this Act or the regulations relating to native plants (other than prescribed offences); and\n\t(f)\tpayments by order of a court under this Act relating to the clearance of native plants or an administrative order in relation to such clearance; and\n\t(g)\twhere an order is made by a court in relation to a contravention of a requirement to comply with the general duty under section 11—any payment specified in the order to be made to the Fund; and\n\t(h)\tpayments made in lieu of a requirement to achieve a significant environmental benefit; and\n\t(i)\tmoney required or authorised by or under this or any other Act to be paid to the Fund; and\n\t(j)\tmoney the Minister determines should be held and applied by the Fund; and\n\t(k)\tmoney paid into the Fund from the Biodiversity Administration Fund.\n\t(4)\tSubject to subsection (5), the Council may apply any part of the Biodiversity Restoration Fund—\n\t(a)\ttowards ecological restoration, including, but not limited to, re‑establishing, enhancing, preserving, managing and researching native plants; or\n\t(b)\tin accordance with section 99; or\n\t(c)\ttowards any other purpose for which the Fund may be applied under this Act.\n\t(5)\tThe part of the Biodiversity Restoration Fund that constitutes payments made in lieu of a requirement to achieve a significant environmental benefit must be applied in accordance with the SEB policy.\n37—Accounts and audit\n\t(1)\tThe Council must keep proper accounts of receipts and payments in relation to the Biodiversity Restoration Fund.\n\t(2)\tThe Auditor‑General may at any time, and must at least once in each year, audit the accounts of the Biodiversity Restoration Fund.\nSubdivision 2—Biodiversity Conservation Fund\n38—Biodiversity Conservation Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Biodiversity Conservation Fund.\n\t(2)\tThe Biodiversity Conservation Fund is subject to the management and control of the Minister.\n\t(3)\tThe Biodiversity Conservation Fund will consist of—\n\t(a)\tall moneys that were, immediately before the commencement of this section, held in the Wildlife Conservation Fund under the National Parks and Wildlife Act 1972; and\n\t(c)\tgrants, donations, gifts or bequests made to the Minister or the Council for purposes related to the Fund; and\n\t(d)\tincome from investment of the Fund; and\n\t(e)\texpiation fees and penalties recovered in respect of offences under this Act or the regulations relating to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat; and\n\t(f)\texpiation fees and penalties recovered in respect of offences under this Act or the regulations relating to hunting; and\n\t(g)\texpiation fees and penalties recovered in respect of offences under Part 6; and\n\t(h)\texpiation fees and penalties recovered in respect of offences under Part 9; and\n\t(i)\troyalty paid under this Act; and\n\t(j)\tmoney arising from any sale that the Minister is authorised to make under this Act (including from the sale of any item surrendered to the Minister or seized or disposed of in accordance with this Act); and\n\t(k)\tpayments by order of the ERD Court in relation to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat, or an administrative order made under this Act in relation to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat; and\n\t(l)\twhere an order is made by the ERD Court in relation to a contravention of a requirement to comply with the general duty under section 11—any payment specified in the order to be made to the Fund; and\n\t(m)\tmoney required or authorised by or under this or any other Act to be paid to the Fund; and\n\t(n)\tmoney the Minister determines should be held and applied by the Fund; and\n\t(o)\tmoney paid into the Fund from the Biodiversity Administration Fund.\n\t(4)\tSubject to this Act, the Minister may apply any portion of the Biodiversity Conservation Fund towards—\n\t(a)\tplant and animal conservation programs; and\n\t(b)\tthe promotion of research into—\n\t(i)\tproblems relating to the conservation of plants and animals; or\n\t(ii)\tthe impact of the issue of any permits under this Act; or\n\t(iii)\tany other matter connected to this Act; and\n\t(c)\tprograms for the benefit of any industry requiring a permit under this Act; and\n\t(d)\tany other purpose for which the Fund may be applied under this Act.\nSubdivision 3—Biodiversity Administration Fund\n39—Biodiversity Administration Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Biodiversity Administration Fund.\n\t(2)\tThe Biodiversity Administration Fund is subject to the management and control of the Minister.\n\t(3)\tThe Biodiversity Administration Fund consists of—\n\t(a)\ta prescribed amount of money that was, immediately before the commencement of this section, held in the Native Vegetation Fund under the Native Vegetation Act 1991; and\n\t(c)\tincome from investment of the Fund; and\n\t(d)\texpiation fees and penalties recovered in respect of offences that are not referred to in section 36(3) or section 38(3); and\n\t(e)\tsubject to subsection (4)—fees (other than expiation fees) paid under this Act; and\n\t(f)\tall other money that is required or authorised by or under this Act or any other law to be paid into the Fund; and\n\t(g)\tmoney the Minister determines should be held and applied by the Fund.\n\t(4)\tIf an application to clear native plants is made to a local council or other body corporate or other person acting under delegation from the CAC, the prescribed fee paid by the applicant under this Act may be retained by the local council or other body or person.\n\t(5)\tThe Minister may apply any part of the Biodiversity Administration Fund—\n\t(a)\tin paying any amount into the Biodiversity Restoration Fund or the Biodiversity Conservation Fund that the Minister determines should be held and applied for the purposes of that fund rather than under this section (and any such determination will have effect according to its terms); or\n\t(b)\tfor any other purpose to further the objects of this Act or to support the operation or administration of this Act; or\n\t(c)\tin making any other payment required or authorised by or under this Act.\nSubdivision 4—General\n40—Ability to establish other funds\nThe regulations may establish a fund for the purposes of this Act and make any provisions necessary or desirable in relation to such a fund.\n41—Investment\nAny money in a fund maintained under this Division that is not for the time being required for the purposes for which that fund may be applied under this Division may be invested in a manner determined by the Minister.\n","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Native plants","content":"Part 4—Native plants\nDivision 1—Preliminary\n42—Regulated acts or activities\n\t(1)\tFor the purposes of this Part, the following acts or activities are regulated acts or activities:\n\t(a)\tclearance of native plants of a relevant kind on land (whether public land or otherwise) within the regulated clearance area or on public land outside the regulated clearance area;\n\t(b)\tclearance of native plants on land that is subject to a biodiversity agreement;\n\t(c)\ttaking a native plant of a relevant kind from public land;\n\t(d)\ttaking a native plant of a prescribed species;\n\t(e)\tdealing with a native plant of a prescribed species;\n\t(f)\tan act or activity prescribed by the regulations for the purposes of this subsection that relates to native plants;\n\t(g)\tattempting, assisting in, or taking part in the process of an act or activity referred to in a preceding paragraph.\n\t(2)\tDespite subsection (1), for the purposes of this Part, the acts and activities specified in Schedule 2 as amended from time to time by regulation are not regulated acts or activities if carried out or undertaken in accordance with any requirements, and subject to any restrictions, set out in that Schedule.\nHowever, see also Part 6 Division 5 in relation to requirements in respect of critical habitat features of critical habitat (which may comprise or constitute native plants).\n43—Clearing and taking of plants by Aboriginal persons\n\t(1)\tThis section does not apply to the clearance or taking of—\n\t(a)\ta plant of a prescribed species; or\n\t(b)\ta plant by a prescribed means or in prescribed circumstances.\n\t(2)\tNothing in this Part prevents an Aboriginal person from clearing or taking a native plant for the purposes of using the plant for a non‑commercial cultural or spiritual practice (which may include using the plant as food in the course of that practice).\nIn clearing or taking a plant in accordance with this section, an Aboriginal person is subject to laws of general application.\n44—Declaration to clear and take certain native plants\n\t(1)\tThe Minister may, by notice in the Gazette, declare that native plants of a specified species that are not indigenous to the State may be cleared or taken, or both cleared and taken.\n\t(2)\tA notice under this section—\n\t(a)\tmust not relate to plants of a threatened species; and\n\t(b)\tdoes not apply in relation to plants that comprise a threatened ecological community or comprise or constitute a critical habitat feature of critical habitat; and\n\t(c)\tmay only be made if the Minister is satisfied that the clearing or taking of the species at levels that could reasonably be expected as a result of the declaration would not reasonably cause the species to be considered for assessment as a threatened species in accordance with Part 6.\n\t(3)\tA notice under this section—\n\t(a)\tmust state—\n\t(i)\tthe period (if any) during which the plants may be cleared or taken; and\n\t(ii)\tthe parts of the State to which the declaration applies or that the declaration applies to the whole State (as the case may be); and\n\t(b)\tmay prescribe restrictions or conditions applicable to the declaration.\n\t(4)\tThe Minister must publish a statement of reasons for a declaration under this section on the Biodiversity Register within 30 days after the notice making the declaration is published in the Gazette.\n\t(5)\tIt is lawful to clear or take a native plant in accordance with a notice under this section.\nDivision 2—Offences\n45—Offence to carry out or undertake regulated act or activity without authorisation\nSubject to this Act, a person must not carry out or undertake a regulated act or activity unless the person is taken to hold an authorisation under section 48 authorising the person to carry out or undertake the regulated act or activity.\n\t(a)\tin the case of a body corporate—a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $1 000 000, whichever is greater;\n\t(b)\tin the case of an individual—\n\t(i)\ta sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $500 000, whichever is greater; or\n\t(ii)\timprisonment for 5 years.\n46—Contravention of condition of consent\nA person must not contravene a condition attached to a consent given under Division 3 that is held by the person.\n\t(a)\tin the case of a body corporate—a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $1 000 000, whichever is greater;\n\t(b)\tin the case of an individual—\n\t(i)\ta sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $500 000, whichever is greater; or\n\t(ii)\timprisonment for 5 years.\nExpiation fee: $1 500.\n47—Illegal possession of native plants\nA person must not have in their possession or control a native plant that has been illegally taken or acquired.\n\t(a)\tin the case of a body corporate—$500 000;\n\t(b)\tin the case of an individual—$250 000 or imprisonment for 5 years.\nDivision 3—Authorisation\n48—Authorisation to carry out or undertake regulated act or activity\n\t(1)\tFor the purposes of this Part, a person is taken to hold an authorisation to carry out or undertake a regulated act or activity if—\n\t(a)\tin the case of clearance of native plants—\n\t(i)\tsubject to section 56, the person has been given consent by the CAC in accordance with this Division to carry out or undertake the clearance; or\n\t(ii)\tthe clearance is carried out or undertaken in prescribed circumstances; or\n\t(b)\tin the case of taking or dealing with native plants—the person has been granted a permit by the Minister under Part 9 to carry out or undertake the act or activity; or\n\t(c)\tin the case of an act or activity prescribed by the regulations for the purposes of section 42(1)—the person has been given any authorisation required by the regulations to carry out or undertake the act or activity.\n\t(2)\tIf a person who is (apart from this subsection) taken to hold an authorisation to carry out or undertake a regulated act or activity in accordance with this section fails to carry out or undertake the regulated act or activity in accordance with the consent, permit or authorisation required by the regulations (as the case requires), the person is taken not to hold the authorisation.\n49—Application for consent\n\t(1)\tAn application for consent to clear native plants may be made by any person.\n\t(2)\tAn application for consent to clear native plants must be made in a manner and form approved by the CAC and must be accompanied by—\n\t(a)\ta report relating to the proposed clearance—\n\t(i)\tprepared by a person; and\n\t(ii)\tin a form,\napproved by the CAC; and\n\t(b)\tinformation about how the applicant has applied the mitigation hierarchy in accordance with Council guidelines made for that purpose; and\n\t(c)\tsuch information as may be required by the CAC that establishes that—\n\t(i)\ta significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or\n\t(ii)\tit is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy; and\n\t(d)\tsuch other information as the CAC reasonably requires; and\n\t(e)\tthe prescribed fee.\n\t(3)\tThe CAC may, following receipt of an application under this section, request the applicant to provide such additional documents or information as the CAC may reasonably require to assess the application.\n\t(4)\tWithout limiting the content of the report referred to in subsection (2)(a), that report must establish the category of the clearance in accordance with Council guidelines about categorising levels of clearance.\n\t(5)\tThe CAC must cause a copy of the report referred to in subsection (2)(a), and a copy of any assessment report prepared by the Department in response to the making of an application under this section, to be published on the Biodiversity Register.\n\t(6)\tIf an applicant provides information referred to in subsection (2)(c)(ii), the applicant must propose that they make a payment into the Biodiversity Restoration Fund in lieu of achieving a significant environmental benefit in relation to the proposed clearance.\n\t(7)\tA person may, at any time, make an application for clearance in relation to native plants, or land on which native plants are growing or situated, in respect of which an application for clearance has previously been made.\n50—Matters CAC must have regard to when determining application\n\t(1)\tSubject to this Division, in deciding whether to consent to an application to clear native plants, the CAC must—\n\t(a)\tbe satisfied that the mitigation hierarchy has been applied in respect of the proposed clearance in accordance with Council guidelines made for that purpose; and\n\t(b)\thave regard to the principles of preservation of native plants in so far as they are relevant to that decision; and\n\t(c)\tconsider the potential cumulative impact, both direct and indirect, that is reasonably likely to result from the proposed clearance in accordance with Council guidelines made for that purpose.\n\t(2)\tWhen determining an application to clear native plants that are growing or situated on land that forms part of a property that is used for the business of primary production, the CAC must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to operate the business as efficiently as possible.\n\t(3)\tWhen determining an application to clear native plants, the CAC must have regard to the principle that such plants should not be cleared if, in the opinion of the CAC—\n\t(a)\tthe land on which the plants are growing or situated will be used for a particular purpose after the clearance; and\n\t(b)\tthe regional landscape board for the landscape management region where the land is situated has, as part of its regional landscape plan under the Landscape South Australia Act 2019, assessed—\n\t(i)\tthe capability and preferred uses of the land; and\n\t(ii)\tthe condition of the land; and\n\t(c)\taccording to that assessment the use of the land for that purpose cannot be sustained.\n51—Circumstances in which consent may be given etc\n\t(1)\tSubject to subsection (2), the CAC cannot give its consent to the clearance of native plants under this Division if the plants contain, or are constituted of, a stratum of native plants that is substantially intact.\n\t(2)\tThe CAC may, despite subsection (1), but subject to the other requirements of this Division, give its consent in accordance with this section to the clearance of native plants in specified circumstances.\n\t(3)\tSubject to subsection (4), if the applicant proposes that they make a payment into the Biodiversity Restoration Fund as contemplated by section 49(6), the CAC cannot give its consent to the clearance of native plants unless the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy.\n\t(4)\tSubsection (3) does not apply to a clearance that is determined to be a small scale clearance in accordance with Council guidelines about categorising levels of clearance.\n\t(5)\tSubject to subsection (7), in deciding whether to consent to an application to clear native plants, the CAC must not make a decision that is seriously at variance with the principles of preservation of native plants.\n\t(6)\tFor the purposes of subsection (5), whether a decision is seriously at variance with the principles of preservation of native plants is to be determined in accordance with Council guidelines made for that purpose.\n\t(7)\tThe CAC may give its consent to the clearance of native plants in contravention of subsection (5) if the particular circumstances justify the giving of consent and—\n\t(a)\tthe CAC is satisfied that a significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or\n\t(b)\tif the clearance is in specified circumstances and the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy—the CAC attaches to the consent conditions in accordance with section 53(1)(b).\n\t(8)\tThe CAC may give its consent to clearance of native plants under this section only if—\n\t(a)\tthe CAC is satisfied that a significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or\n\t(b)\tif the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy—the CAC attaches to the consent a condition in accordance with section 53(1)(b).\n\t(9)\tIf the clearance that is the subject of the application under this Division relates to a native plant that is a critical habitat feature of critical habitat and is, in the opinion of the CAC, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the CAC must not give consent unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and—\n\t(a)\tthat the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the CAC is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or\n\t(b)\tthat the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the CAC is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be).\n\t(10)\tFor the purposes of subsection (9), the CAC may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by the clearance.\n\t(11)\tFor the purposes of this section, the following are specified circumstances:\n\t(a)\tclearance of native plants incidental to work being undertaken by or on behalf of the Commissioner of Highways;\n\t(b)\tsubject to subsection (12), clearance of native plants required in order to erect a prescribed building or other facility that is ancillary to a prescribed building, provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained;\n\t(c)\tclearance of native plants required in connection with the provision of infrastructure (including, to avoid doubt, renewable energy infrastructure within the meaning of the Hydrogen and Renewable Energy Act 2023), provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained;\n\t(d)\tclearance of native plants required in connection with the division of land for use for residential purposes (including clearance for the construction of infrastructure), provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained;\n\t(e)\tclearance of native plants for the purposes of establishing or maintaining a track for recreational activity involving pedestrians, bicycles or horses;\n\t(f)\tclearance of native plants for the purposes of establishing or widening a track that is more than 5 m in width and reasonably required to provide access for commercial purposes by vehicles having at least 4 wheels, other than clearance on a road reserve, rail corridor or rail reserve;\n\t(g)\tclearance of native plants incidental to the lawful construction or expansion of a dam situated on pastoral land.\n\t(12)\tSubsection (11)(b) does not apply to clearance of native plants undertaken in connection with subdivision of the land on which the plants are growing or situated.\n52—Consultation and representations\n\t(1)\tThe CAC must, before giving its consent under this Division—\n\t(a)\tconsult the regional landscape board for the landscape management region in which the native plants are situated and have regard to the board's recommendations (if any) in relation to the application; and\n\t(b)\tin the case of an application relating to clearance of native plants on pastoral land, consult the Pastoral Board and have regard to the Board's recommendations (if any) in relation to the application; and\n\t(c)\tin the case of an application relating to clearance of native plants within a River Murray Protection Area, consult the Minister responsible for the administration of the River Murray Act 2003 and comply with that Minister's directions (if any) in relation to the application; and\n\t(d)\tin the case of an application relating to clearance of native plants within the Adelaide Dolphin Sanctuary that is within a class of applications prescribed by the regulations for the purposes of this paragraph, consult the Minister responsible for the administration of the Adelaide Dolphin Sanctuary Act 2005 and—\n\t(i)\tin the case of an application relating to native plants that are mangroves—comply with that Minister's directions (if any) in relation to the application; or\n\t(ii)\tin any other case—have regard to the views of that Minister in relation to the application.\n\t(2)\tThe CAC must allow any person who desires to do so to make representations in writing to the CAC in relation to an application to clear native plants within the period of 28 days from the day on which the application is received by the CAC.\n\t(3)\tThe CAC may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the CAC should or should not consent to an application to clear native plants.\n53—Conditions of consent\n\t(1)\tA consent under this Division to the clearance of native plants is subject to such conditions as the CAC thinks fit to impose or as may be imposed by or under this or another provision of this Act and—\n\t(a)\tif the CAC determines a significant environmental benefit is to be achieved in accordance with the requirements of the SEB policy—\n\t(i)\tsuch conditions as the CAC thinks fit to ensure that a significant environmental benefit will be achieved in accordance with the requirements of the SEB policy; and\n\t(ii)\ta condition that any measures taken, actions undertaken or requirements complied with to achieve the significant environmental benefit are taken, undertaken or complied with in accordance with a biodiversity management plan; and\n\t(iii)\tif the land on, or in relation to, which a significant environmental benefit will be achieved is not subject to a biodiversity agreement on such terms as the CAC thinks fit—a condition requiring that such an agreement be entered into before the clearance is undertaken; or\n\t(b)\tif the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy—\n\t(i)\tif the CAC considers it is appropriate in the circumstances—such conditions as the CAC thinks fit to ensure an environmental benefit will be achieved; and\n\t(ii)\ta condition requiring the applicant to make a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy, after taking into account any environmental benefit that would be achieved by compliance with a condition referred to in subparagraph (i).\n\t(2)\tWithout limiting subsection (1), consent may be subject to 1 or more of the following conditions:\n\t(a)\ta condition that the clearance be undertaken by the owner of the land on which the clearance is to be undertaken or a person authorised by the owner of the land to undertake the clearance;\n\t(b)\ta condition requiring the applicant to—\n\t(i)\testablish a specified number of plants of a specified species on specified land, or cause such plants to be established; and\n\t(ii)\tnurture, protect and maintain the plants, or cause the plants to be nurtured, protected and maintained, until they are fully established or for such period as the CAC specifies;\n\t(c)\ta condition requiring the applicant to protect native plants growing or situated on specified land, or to cause such plants to be protected;\n\t(d)\ta condition restricting the purposes for which land referred to in a condition under paragraph (b)(i) or (c) can be used;\n\t(e)\ta condition requiring the applicant to destroy plants of a specified species growing on specified land, or to cause such plants to be destroyed;\n\t(f)\ta condition requiring the applicant to pay into the Biodiversity Administration Fund an amount determined by the CAC to support the administration, monitoring and enforcement of measures, actions or requirements that relate to the satisfaction of a requirement to achieve a significant environmental benefit in relation to the clearance of native plants.\n\t(3)\tIf the applicant has, in accordance with section 51(9)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the clearance, the CAC must attach a condition to the consent requiring that the proposed act or activity be achieved.\n\t(4)\tConditions imposed on consent to clear native plants are binding on, and enforceable against—\n\t(a)\tthe holder of the consent; and\n\t(b)\tthe owner, and any subsequent owner, of the land to be cleared and any other land to which a condition relates; and\n\t(c)\tan occupier of the land to be cleared and any other person who acquires the benefit of the consent.\n\t(5)\tThe CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land (including conditions under subsection (2)(d)) in accordance with section 170.\n54—Assignment of consent\n\t(1)\tThe CAC may, on application, assign a consent to undertake clearance under this Division to another person.\n\t(2)\tAn application for the assignment of a consent under this section must be made in a manner and form approved by the CAC.\n\t(3)\tA consent assigned under subsection (1) is subject to the same conditions to which it was subject immediately before it was assigned.\n\t(4)\tIf the CAC assigns a consent under subsection (1), the person to whom it is assigned becomes the holder of the consent.\n55—Other matters relating to consents\n\t(1)\tConsent to undertake clearance under this Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix at the time of giving consent or subsequently on application by a person who has the benefit of the consent.\n\t(2)\tIf, following the giving of a consent to undertake clearance under this Division, the CAC becomes aware that information in, or provided in support of, the application for consent was incorrect or incomplete, the CAC may, by notice in writing to the holder of the consent—\n\t(a)\tvary the consent (including by varying or removing conditions of the consent or by imposing additional conditions) to reflect the consent that would have been given had the CAC been aware of the correct or complete information at the time the application was determined; or\n\t(b)\trevoke the consent if the application would have been refused had the CAC been aware of the correct or complete information at the time the application was determined.\n\t(3)\tThe CAC must observe the rules of natural justice when considering and determining an application for consent under this Division.\n\t(4)\tThe CAC must provide the applicant with a written statement of the reasons for its decision under this Division.\n\t(5)\tThe CAC must cause its decisions and statements of reasons under this Division to be published on the Biodiversity Register.\n56—Consent of Minister required if biodiversity agreement applies\n\t(1)\tSubject to subsection (2), native plants that are growing or situated on land that is subject to a biodiversity agreement cannot be cleared unless the Minister has also given consent to the clearance (whether conditional or unconditional).\n\t(2)\tSubsection (1) does not apply if the biodiversity agreement allows the clearance to be undertaken.\n\t(3)\tIf the Minister attaches conditions to their consent under subsection (1), the CAC's consent to the clearance will be taken to be subject to the same conditions, in addition to any other conditions imposed by the CAC.\n57—Application of Division if referral under Planning, Development and Infrastructure Act\n\t(1)\tSections 50 and section 51(5) to (10) (inclusive) also apply to circumstances where the CAC is considering a development application referred to it under the Planning, Development and Infrastructure Act 2016 as if the CAC were considering an application for consent under this Act, subject to such modifications, additions or exclusions as the CAC considers may be necessary for the purpose.\n\t(2)\tSubsection (1) does not limit the matters that the CAC may take into account in considering such an application.\n58—Avoidance of duplication of procedures etc\n\t(1)\tThe purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where the clearance of native plants requires consent under this Act and approval under the Commonwealth Act.\n\t(2)\tDespite any other provision of this Act, the CAC may—\n\t(a)\taccept a Commonwealth Act document as an application for consent under section 49 if (subject to subsection (5)) it complies with the requirements of this Act; and\n\t(b)\taccept the whole or part of a plan, report, statement, assessment or other document used, or to be used, for the purposes of the Commonwealth Act as a biodiversity management plan required to be provided in relation to an application for consent to clear native plants if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.\n\t(3)\tTo avoid doubt, where a controlled action under the Commonwealth Act comprises or includes the clearance of native plants, the CAC may, when considering an application for consent to clear the native plants, use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give their approval to the controlled action under that Act.\n\t(4)\tIf a controlled action under the Commonwealth Act comprises or includes the clearance of native plants, the CAC—\n\t(a)\tmust, if the Commonwealth Minister has given their approval to the controlled action, consider whether the conditions (if any) to be imposed on the consent should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act; and\n\t(b)\tmay impose a condition on the consent that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.\n\t(5)\tA document accepted under subsection (2)—\n\t(a)\tmay be in a form that does not comply with the requirements of this Act; and\n\t(b)\tmay include information or other material that is irrelevant for the purposes of this Act.\n\t(6)\tOnce a document is accepted under subsection (2) the document will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.\n\t(7)\tIn this section—\nassessment report means—\n\t(a)\tan assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or\n\t(b)\ta report under section 121 of the Commonwealth Act;\nCommonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;\nCommonwealth Act document means any document required under the Commonwealth Act for the purposes of approval under that Act.\n","sortOrder":11},{"sectionNumber":"Div 4","sectionType":"division","heading":"Environmental benefit credits","content":"Division 4—Environmental benefit credits\n59—Environmental benefit credits\n\t(1)\tIf a person (including, to avoid doubt, an accredited third party provider)—\n\t(a)\thas achieved, or proposes to achieve, an environmental benefit (not being a significant environmental benefit required in relation to a consent to clear native plants or in accordance with any other requirement under this Act); or\n\t(b)\thas achieved, or proposes to achieve, in accordance with a consent to clear native plants, an environmental benefit that exceeds the value of the minimum significant environmental benefit needed to offset the loss of the cleared plants,\nthe person may apply to the CAC to be credited with having achieved an environmental benefit (an environmental benefit credit).\n\t(2)\tFollowing receipt of an application under this section, the CAC may—\n\t(a)\tif the environmental benefit is proposed to be achieved—\n\t(i)\tcause the proposal to achieve the environmental benefit to be published on the Biodiversity Register as an indication that an environmental benefit credit may in future be granted in respect of the proposal; or\n\t(ii)\tgrant the person an environmental benefit credit of a value determined by the CAC in accordance with the biodiversity policy relating to environmental benefit credits; or\n\t(b)\tif the environmental benefit has been achieved—grant the person an environmental benefit credit of a value determined by the CAC in accordance with the biodiversity policy relating to environmental benefit credits.\n\t(3)\tThe CAC must not grant an environmental benefit credit under this section unless the CAC is satisfied that the land that is the subject of the credit is, or will be within the period specified by the CAC, subject to a biodiversity agreement and biodiversity management plan.\n\t(4)\tThe CAC may grant an environmental benefit credit to a person under this section subject to such conditions as it thinks fit.\n\t(5)\tThe CAC may, by notice in writing, vary or revoke a condition of the grant of an environmental benefit credit.\n60—Use of environmental benefit credit\n\t(1)\tSubject to this section, a person granted an environmental benefit credit under section 59 may apply to the CAC to—\n\t(a)\tassign the whole or part of the credit to another person; or\n\t(b)\tapply the whole or part of the credit against a requirement under this Act, either of the person holding the credit or another person, to achieve a significant environmental benefit.\n\t(2)\tA person assigned a credit under subsection (1)(a) or this subsection may apply to the CAC to—\n\t(a)\tassign the whole or part of the credit to another person; or\n\t(b)\tapply the whole or part of the credit against a requirement under this Act, either of the person holding the credit or another person, to achieve a significant environmental benefit.\n\t(3)\tFollowing receipt of an application under this section, the CAC may approve the assignment or application of a credit.\n\t(4)\tIn considering an application under this section, the CAC may reassess the value of the credit at the time of application and adjust the value of the credit accordingly before applying it to the purpose for which the application was made.\n\t(5)\tBefore granting approval in respect of an application under subsection (1)(b) or (2)(b), the CAC must have regard to the SEB policy.\n\t(6)\tThe CAC may grant an approval under this section subject to such conditions as it thinks fit including (without limitation)—\n\t(a)\ta condition requiring the execution of an agreement varying a biodiversity agreement or biodiversity management plan that relates to the land that was originally the subject of the environmental benefit credit; or\n\t(b)\ta condition requiring the payment of an amount, determined by the CAC to be necessary to satisfactorily complete any acts or actions required by the biodiversity management plan referred to in section 59(3) that remain outstanding at the time of the approval, into a trust established for that purpose.\n\t(7)\tThe CAC may, by notice in writing, vary or revoke a condition of an approval under this section.\n\t(8)\tIf an approval is granted to apply a credit under subsection (1)(b) or (2)(b), the CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land in accordance with section 170.\n61—Other matters relating to environmental benefit credits\n\t(1)\tAn application under this Division—\n\t(a)\tmust be made in a manner and form approved by the CAC; and\n\t(b)\tmust be accompanied by such information as the CAC may reasonably require; and\n\t(c)\tmust be accompanied by any prescribed fee.\n\t(2)\tFor the purposes of this Division, a trust may be established in accordance with section 27 for the purposes of receiving money required by section 60(6)(b) and its disbursement in the prescribed manner.\n\t(3)\tThe CAC must account for the grant of an environmental benefit credit and any subsequent assignment or application against a requirement to achieve a significant environmental benefit in accordance with the regulations.\n\t(4)\tThe Council may accredit, in accordance with the regulations, a person to achieve environmental benefits (to be known as an accredited third party provider).\n","sortOrder":12},{"sectionNumber":"Div 5","sectionType":"division","heading":"Review etc of clearance refusal or revocation","content":"Division 5—Review etc of clearance refusal or revocation\n62—Review by Council of clearance refusal or revocation\n\t(1)\tA person who has made an application for consent to clear native plants under Part 4 Division 3 may apply to the Council for review of a decision of the CAC to refuse to give its consent to the clearance.\n\t(2)\tA person whose consent to clear native plants given under Part 4 Division 3 has been revoked may apply to the Council for review of the decision of the CAC to revoke the consent.\n\t(3)\tFor the avoidance of doubt, the following decisions are not reviewable under this section:\n\t(a)\ta decision of the CAC to give consent to clear native plants to an extent that is lesser than that requested by the person in their application for consent;\n\t(b)\ta decision of the CAC as to any conditions or other requirements relating to a consent;\n\t(c)\ta decision of the CAC pursuant to a direction of the Council under subsection (7).\n\t(4)\tAn application under this section—\n\t(a)\tmust be made in a manner and form approved by the Council; and\n\t(b)\tmust be accompanied by the prescribed fee; and\n\t(c)\tmust be made within 2 months after the making of the decision.\n\t(5)\tIf the reasons of the CAC are not given to the applicant for the review in writing at the time of making the decision and—\n\t(a)\tthat person (within 2 months of the making of the decision) requires the CAC to state the reasons in writing; or\n\t(b)\tthe CAC otherwise provides that person with a written statement of the reasons for its decision after making the decision,\nthe time for making an application to the Council runs from the time at which that person receives the written statement of those reasons.\n\t(6)\tThe Council may, in conducting a review under this section, examine and review the decision of the CAC on the information that was available to the CAC at the time it made its decision but the Council may, as it thinks fit, allow further information to be provided to it.\n\t(7)\tThe Council may, on a review under this section—\n\t(a)\tconfirm the decision that is being reviewed; or\n\t(b)\tdirect the CAC to vary or reverse the decision that is being reviewed.\n\t(8)\tThe Council must, if required by the applicant for the review, state in writing the reasons for the decision.\n63—Appeal to ERD Court against review by Council of clearance refusal or revocation\n\t(1)\tIf, on a review under section 62, the Council confirms the decision that was being reviewed, the person who made the application under that section may appeal to the ERD Court against that decision of the Council.\n\t(2)\tAn appeal to the ERD Court under this section must be made in a manner and form determined by the Court, setting out the grounds of the application, and must be made within 2 months after the applicant is notified of the decision by the Council unless the Court, in its discretion, allows an extension of time.\n\t(3)\tIf the reasons of the Council are not given to the applicant for the review under section 62 in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Council to state the reasons in writing, the time for appealing to the ERD Court runs from the time at which that person receives the written statement of those reasons.\n\t(4)\tAn appeal under this section must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993.\n\t(5)\tThe ERD Court may, on hearing an appeal, do 1 or more of the following:\n\t(a)\tconfirm, vary or revoke the decision appealed against;\n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain, either temporarily or permanently, from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n\t(6)\tThe ERD Court should only seek to deal with and resolve those issues raised in the appeal and should not, unless the Court considers it to be necessary or appropriate to do so, consider any aspect of the decision that is not being challenged.\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Protected animals","content":"Part 5—Protected animals\n64—Regulated acts or activities\n\t(1)\tFor the purposes of this Part, the following acts or activities are regulated acts or activities:\n\t(a)\ttaking a protected animal or a protected egg;\n\t(b)\tinterfering with a protected animal;\n\t(c)\treleasing a protected animal from captivity;\n\t(d)\tkeeping a protected animal or a protected egg;\n\t(e)\tdealing with a protected animal or a protected egg;\n\t(f)\tfarming a protected animal;\n\t(g)\tharvesting a protected animal;\n\t(h)\tdealing with an animal product of a protected animal that has been harvested;\n\t(i)\tdestroying, damaging or disturbing a protected habitat;\n\t(j)\tan act or activity prescribed by the regulations for the purposes of this subsection that relates to a protected animal, protected animal product, protected egg or protected habitat;\n\t(k)\tattempting, assisting in, or taking part in the process of an act or activity referred to in a preceding paragraph.\n\t(2)\tDespite subsection (1), for the purposes of this Part, the acts or activities specified in Schedule 4 as amended from time to time by regulation are not regulated acts or activities if carried out or undertaken in accordance with any requirements, and subject to any restrictions, set out in that Schedule.\n65—Offence to carry out or undertake regulated act or activity without permit\nSubject to this Act, a person must not carry out or undertake a regulated act or activity unless the person holds a permit granted by the Minister under Part 9 authorising the person to carry out or undertake the act or activity.\n66—Taking of animals and eggs by Aboriginal persons\n\t(a)\tan animal, or an egg of an animal, of a prescribed species; or\n\t(b)\tan animal or egg by a prescribed means or in prescribed circumstances.\n\t(2)\tNothing in this Part prevents an Aboriginal person from taking a protected animal or protected egg for the purposes of using the animal or egg for a non‑commercial cultural or spiritual practice (which may include using the animal or egg as food in the course of that practice).\nIn taking an animal or egg in accordance with this section, an Aboriginal person is subject to laws of general application.\n67—Illegal possession of protected animals etc\nA person must not have in their possession or control a protected animal, protected animal product or egg of a protected animal that has been illegally taken or acquired.\n68—Management plan in relation to harvesting relevant protected animals\n\t(1)\tThe Minister must prepare a draft management plan in relation to the harvesting of each relevant protected animal.\n\t(2)\tThe draft plan must—\n\t(a)\tassess the likely impact of taking animals of that species—\n\t(i)\ton the species concerned; and\n\t(ii)\ton the ecosystems which animals of that species form part; and\n\t(iii)\ton the diversity of the species of animals and plants comprising those ecosystems; and\n\t(iv)\ton the ability of the species to maintain natural genetic diversity throughout its population; and\n\t(b)\tidentify factors that are likely to reduce or increase the number of animals of the species to be harvested; and\n\t(c)\tidentify any other factors that will affect the species as a renewable resource for the future; and\n\t(d)\tassess whether there is a need to reduce the number of animals of the species to protect the environment, crops, stock or other property; and\n\t(e)\tspecify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals in accordance with a permit under this Act; and\n\t(f)\taddress any other matters that should, in the opinion of the Minister, be addressed.\n\t(3)\tThe Minister must, by notice published on a website determined by the Minister—\n\t(a)\tstate the website at which the draft plan is available; and\n\t(b)\tinvite interested persons to provide the Minister with written comments in relation to the draft plan.\n\t(4)\tA draft plan must be made available on a website specified in the notice under subsection (3) for public comment for at least 30 days before adoption by the Minister.\n\t(5)\tBefore adopting the draft plan, the Minister must have regard to any comments received in relation to the draft plan during the period referred to in subsection (4) and may, if the Minister thinks fit, vary the plan to take account of those comments.\n\t(6)\tThe Minister must, by notice in the Gazette—\n\t(a)\tstate that a management plan has been adopted under this section; and\n\t(b)\tstate the website at which the plan is available.\n\t(7)\tA management plan may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section.\nrelevant protected animal means an animal of the following species:\n\t(a)\tred kangaroo—Osphranter rufus;\n\t(b)\twestern grey kangaroo—Macropus fuliginosus melanops;\n\t(c)\teuro (wallaroo) (hill kangaroo)—Osphranter robustus;\n\t(d)\teastern grey kangaroo—Macropus giganteus;\n\t(e)\ttammar wallaby—Notamacropus eugenii;\n\t(f)\twestern grey kangaroo—Macropus fuliginosus fuliginosus;\n\t(g)\ta species prescribed by regulation for the purposes of this definition.\n69—Declaration to take certain protected animals\n\t(1)\tThe Minister may, by notice in the Gazette, declare that 1 or both of the following may be taken:\n\t(a)\tprotected animals of a specified species;\n\t(b)\tprotected eggs of a specified species of protected animal.\n\t(2)\tA notice under this section—\n\t(a)\tmust not relate to animals or eggs of a threatened species; and\n\t(b)\tmay only be made if the Minister is satisfied that the taking of the species at levels that could reasonably be expected as a result of the declaration would not reasonably cause the species to be considered for assessment as a threatened species in accordance with Part 6; and\n\t(c)\tdoes not apply in relation to animals or eggs within—\n\t(i)\ta reserve, other than a game reserve; or\n\t(ii)\ta wilderness protection area or wilderness protection zone; or\n\t(iii)\ta sanctuary; or\n\t(iv)\ta game reserve unless the notice expressly provides that the declaration applies in relation to that reserve.\n\t(3)\tA notice under this section—\n\t(a)\tmust state—\n\t(i)\tthe period during which the animals or eggs may be taken (including, if the Minister thinks fit, the hours of the day during which animals or eggs may be taken); and\n\t(ii)\tthe parts of the State to which the declaration applies; and\n\t(b)\tmay specify that a permit granted by the Minister under section 153 is required to take the species; and\n\t(c)\tmay prescribe restrictions or conditions applicable to the declaration.\n\t(4)\tThe Minister must publish a statement of reasons for a declaration under this section on the Biodiversity Register within 30 days after the notice making the declaration is published in the Gazette.\n\t(5)\tIt is lawful to take a protected animal or protected egg in accordance with a notice under this section.\n","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Threatened species, threatened ecological communities and listed ecological entities","content":"Part 6—Threatened species, threatened ecological communities and listed ecological entities\nDivision 1—Designated lists\n70—Threatened species list\nThe Minister must establish and maintain a threatened species list that—\n\t(a)\tcontains the native species that are eligible to be included in the list; and\n\t(b)\tincludes the following categories:\n\t(i)\tnationally extinct;\n\t(ii)\tnationally extinct in the wild;\n\t(iii)\tnationally critically endangered;\n\t(iv)\tnationally endangered;\n\t(v)\tnationally vulnerable;\n\t(vi)\tnationally conservation dependent;\n\t(vii)\tSA extinct;\n\t(viii)\tSA extinct in the wild;\n\t(ix)\tSA critically endangered;\n\t(x)\tSA endangered;\n\t(xi)\tSA vulnerable;\n\t(xii)\tSA rare;\n\t(xiii)\tany other category prescribed by the regulations.\n71—Threatened ecological communities list\nThe Minister must establish and maintain a threatened ecological communities list that—\n\t(a)\tcontains the ecological communities eligible to be included in the list; and\n\t(b)\tincludes the following categories:\n\t(i)\tnationally collapsed;\n\t(ii)\tnationally critically endangered;\n\t(iii)\tnationally endangered;\n\t(iv)\tnationally vulnerable;\n\t(v)\tSA collapsed;\n\t(vi)\tSA critically endangered;\n\t(vii)\tSA endangered;\n\t(viii)\tSA vulnerable;\n\t(ix)\tSA rare;\n\t(x)\tany other category prescribed by the regulations.\n72—Ecological entities list\nThe Minister may establish and maintain a list in respect of any ecological entity, other than a native species, ecological community or critical habitat, that—\n\t(a)\tcontains the ecological entities eligible to be included in the list; and\n\t(b)\tincludes any prescribed categories.\nDivision 2—Eligibility\n73—Eligibility criteria\n\t(1)\tThe Governor may, by regulation made on the recommendation of the Minister, prescribe the criteria to be applied to determine the eligibility of a native species, ecological community or ecological entity to be included in a designated list and in a particular category of a designated list.\n\t(2)\tThe Minister must, in recommending eligibility criteria to be prescribed for the purposes of subsection (1), be satisfied that the criteria—\n\t(a)\tonly relate to matters of biodiversity conservation; and\n\t(b)\ttake into account national and international best practice in relation to criteria and categories.\n\t(3)\tBefore recommending eligibility criteria to be prescribed for the purposes of subsection (1), the Minister must consult with the Scientific Committee on the proposed criteria.\nDivision 3—Processes\n74—Establishing or revoking designated lists\n\t(1)\tA designated list will be established by the Minister in accordance with processes prescribed by the regulations.\n\t(2)\tAn ecological entities list established and maintained under section 72 may be revoked by the Minister in circumstances prescribed by the regulations and in accordance with processes determined by the Minister or prescribed by the regulations.\n75—Listing decision\nFor the purposes of this Part, a listing decision in respect of a designated list is a decision to—\n\t(a)\tadd a native species, ecological community or ecological entity to a designated list; or\n\t(b)\tremove a native species, ecological community or ecological entity from a designated list; or\n\t(c)\tmove a native species, ecological community or ecological entity to a different category within a designated list; or\n\t(d)\totherwise amend a designated list in relation to a native species, ecological community or ecological entity; or\n\t(e)\tnot amend a designated list in a manner referred to in a preceding paragraph.\n76—Listing process\n\t(1)\tSubject to section 77, a listing decision may only be made in accordance with the process set out in this section.\n\t(2)\tAny entity (including the Department or Scientific Committee) may, in a manner and form determined by the Minister, nominate a native species, ecological community or other ecological entity to the Minister for a listing assessment.\n\t(3)\tThe Minister may reject a nomination under subsection (2) in the following circumstances:\n\t(a)\tthe nomination was not made in a manner or form determined by the Minister or does not contain sufficient documentation or evidence;\n\t(b)\tthe Minister considers that the nomination is vexatious, frivolous or not made in good faith;\n\t(c)\tthe Minister considers that it is unlikely that the nomination will result in a listing decision referred to in section 75(a) to (d) (inclusive).\n\t(4)\tBefore the Minister rejects a nomination, the Minister must seek the advice of the Scientific Committee.\n\t(5)\tThe Minister must, unless the nomination is rejected, undertake a listing assessment against the eligibility criteria prescribed in accordance with section 73 within the prescribed period and make a preliminary listing decision.\n\t(6)\tThe Minister's preliminary listing decision must take into account any advice provided by the Scientific Committee and must be made in accordance with any requirements prescribed by the regulations.\n\t(7)\tAfter a preliminary listing decision has been made, the Minister must—\n\t(a)\tnotify the entity that made the nomination of the preliminary listing decision; and\n\t(b)\tpublish a notice on a website determined by the Minister that invites submissions on the preliminary listing decision; and\n\t(c)\tif the listing decision relates to a fish or aquatic plant—notify the Minister responsible for the administration of the Fisheries Management Act 2007 of the preliminary listing decision; and\n\t(d)\tcarry out any other consultation prescribed for the purposes of this paragraph.\n\t(8)\tAfter the Minister has complied with subsection (7), the Minister must refer the preliminary listing decision to the Scientific Committee for a final listing decision.\n\t(9)\tThe Scientific Committee must, by notice in the Gazette, make a final listing decision in accordance with any requirements prescribed by the regulations and within the prescribed period.\n\t(10)\tBefore the Scientific Committee makes a final listing decision, the Scientific Committee must consider any submissions received in relation to the preliminary listing decision, insofar as the submissions relate to biodiversity conservation.\n\t(11)\tThe Scientific Committee must cause a statement of reasons for the final listing decision to be published on the Biodiversity Register.\n\t(12)\tThe Minister must update the designated list in respect of which the final listing decision is made in accordance with that decision and publish the updated list on the Biodiversity Register.\n77—Expedited listing process\n\t(1)\tThe Minister and the Scientific Committee need not follow the process set out in section 76 in the following circumstances:\n\t(a)\tto incorporate or reflect a list, or a change to such a list, in another Australian jurisdiction relating to a native species or ecological community;\n\t(b)\tto make a minor amendment to a designated list;\n\t(c)\tto make a provisional listing under section 78.\nAustralian jurisdiction means the Commonwealth or another State or a Territory of the Commonwealth;\nminor amendment means an amendment to reflect a change in nomenclature, minor taxonomic revisions or typographical errors, or an amendment in prescribed circumstances.\n78—Provisional listing\n\t(1)\tThe Scientific Committee may, by notice in the Gazette, make a provisional listing in the following circumstances:\n\t(a)\tif a native species or ecological community is discovered in the State and is considered by the Scientific Committee to be threatened;\n\t(b)\tif a new native species or new ecological community is described resulting from a taxonomic revision and is considered by the Scientific Committee to be threatened;\n\t(c)\tif a native species that was presumed to be extinct or extinct in the wild (whether nationally or in the State) has been located or reintroduced in the State and is considered by the Scientific Committee to be threatened;\n\t(d)\tif an ecological community that was presumed to be collapsed (whether nationally or in the State) has been located or reintroduced in the State and is considered by the Scientific Committee to be threatened;\n\t(e)\tif an event rapidly changes the extinction risk or potential extinction risk of a native species or ecological community;\n\t(f)\tin circumstances of a kind prescribed by the regulations.\n\t(2)\tCircumstances prescribed under subsection (1)(f) must relate to matters of biodiversity conservation.\n\t(3)\tA provisional listing expires—\n\t(a)\ton the making of a final listing decision in place of that provisional listing; or\n\t(b)\t2 years after the provisional listing is made,\nwhichever occurs sooner.\n\t(4)\tIf a provisional listing has been made in respect of a native species or ecological community, that species or community (as the case may be) will be taken to be a threatened species or threatened ecological community (as the case requires) during the period that the provisional listing is in operation.\n\t(5)\tIn this section—\nthreatened means eligible, or likely to be eligible, to be the subject of a listing decision referred to in section 75(a) to (d) (inclusive).\nDivision 4—Protection of threatened species, threatened ecological communities and listed ecological entities etc\n79—Action plans\n\t(1)\tThe Minister may prepare and publish on the Biodiversity Register an action plan in respect of a threatened species, threatened ecological community, listed ecological entity or critical habitat.\n\t(2)\tIn preparing an action plan, the Minister must—\n\t(b)\tundertake such consultation on the proposed plan as the Minister considers appropriate; and\n\t(c)\thave regard to any submissions received during the consultation period.\n\t(3)\tIf an action plan relates to a native species or ecological community that is a Culturally Significant Biodiversity Entity, the Minister must undertake such engagement with Aboriginal persons and groups as the Minister considers appropriate, having regard to any relevant policy or other document published under this Act, and must take into account any feedback provided by such persons and groups.\n\t(4)\tAn action plan may refer to, apply or incorporate, wholly or partially and with or without modification, any document prepared or published by an entity referred to in the plan.\n\t(5)\tThe regulations may prescribe matters relating to an action plan, including in relation to the form and content of, and procedures for developing, a plan.\n\t(6)\tThe Minister must—\n\t(a)\ttake reasonable steps to implement an action plan; and\n\t(b)\treport on the implementation and effectiveness of the plan in accordance with the requirements prescribed by the regulations for the purposes of this paragraph.\n80—Declaration of key threatening process\nThe Minister may, by notice in the Gazette, declare a threatening process to be a key threatening process if, in the Minister's opinion—\n\t(a)\tit adversely affects 1 or more threatened species, threatened ecological communities or listed ecological entities; or\n\t(b)\tit could cause 1 or more native species that are not threatened species to become eligible to be added to the threatened species list; or\n\t(c)\tit could cause 1 or more ecological communities that are not threatened ecological communities to become eligible to be added to the threatened ecological communities list.\n81—Threat abatement plans\n\t(1)\tThe Minister may prepare and publish on the Biodiversity Register a threat abatement plan in respect of a key threatening process.\n\t(2)\tIn preparing a threat abatement plan, the Minister must—\n\t(b)\tundertake such consultation on the proposed plan as the Minister considers appropriate; and\n\t(c)\thave regard to any submissions received during the consultation period.\n\t(3)\tA threat abatement plan may refer to, apply or incorporate, wholly or partially and with or without modification, any document prepared or published by an entity referred to in the plan.\n\t(4)\tThe regulations may prescribe matters relating to a threat abatement plan including in relation to the form and content of, and procedures for developing, a plan.\n\t(5)\tThe Minister must—\n\t(a)\ttake reasonable steps to implement a threat abatement plan; and\n\t(b)\treport on the implementation and effectiveness of the plan in accordance with the requirements prescribed by the regulations for the purposes of this paragraph.\n82—Extinction inquiry\n\t(1)\tIf the Scientific Committee considers that—\n\t(a)\tit is possible that a native species endemic to the State has, after the commencement of this section, become extinct in the State or extinct in the wild in the State; or\n\t(b)\tit is possible that an ecological community endemic to the State has, after the commencement of this section, collapsed in the State,\nthe Scientific Committee must undertake an inquiry into the potential extinction of the native species or the potential collapse of the ecological community (as the case requires) in the State.\n\t(2)\tIf the Scientific Committee considers that—\n\t(a)\tit is possible that a native species not endemic to the State has, after the commencement of this section, become extinct in the State or extinct in the wild in the State; or\n\t(b)\tit is possible that an ecological community not endemic to the State has, after the commencement of this section, collapsed in the State,\nthe Scientific Committee may undertake an inquiry into the potential extinction of the native species or the potential collapse of the ecological community (as the case requires) in the State.\n\t(3)\tThe regulations will prescribe requirements in relation to the conduct of an inquiry under this section.\n83—Protection of threatened species of fish\n\t(1)\tIf a species of fish is added to the threatened species list, the Minister must consult with the Minister responsible for the administration of the Fisheries Management Act 2007 to determine appropriate mechanisms for ongoing protection of the species aimed at ensuring sustainability of the species.\n\t(2)\tIf, after consultation under subsection (1), the Minister determines that protections under the Fisheries Management Act 2007 are appropriate, the Minister may not prescribe the species of fish for the purposes of the definition of protected animal in section 3.\nDivision 5—Protection of critical habitat\n84—Declaration of critical habitat\n\t(1)\tThe Minister may, by notice in the Gazette, declare habitat of a threatened species, threatened ecological community or listed ecological entity to be critical habitat if the habitat is eligible to be so declared in accordance with subsection (2).\n\t(2)\tA habitat is eligible to be critical habitat if, in the opinion of the Minister after consideration of the biodiversity policy referred to in section 175(4)(c), the habitat significantly contributes to the conservation of a threatened species, threatened ecological community or listed ecological entity such that its loss would increase the risk of extinction or collapse, or negatively impact on the recovery, of the threatened species, threatened ecological community or listed ecological entity (as the case may be).\n\t(3)\tA declaration under subsection (1) must identify the habitat by reference to—\n\t(a)\tthe features that make it eligible to be critical habitat in accordance with subsection (2) (the critical habitat features); and\n\t(b)\tthe area in which the habitat is located.\n\t(4)\tThe Minister must make a critical habitat declaration decision, being a decision to—\n\t(a)\tmake a declaration under subsection (1); or\n\t(b)\trepeal a declaration made under subsection (1); or\n\t(c)\tamend a declaration made under subsection (1); or\n\t(d)\tnot make a decision of a kind referred to in a preceding paragraph,\nwithin 6 months following the making of a final listing decision of a kind referred to in section 75(a) to (d) (inclusive) or on the recommendation of the Scientific Committee, and may make such a decision at any other time.\n\t(5)\tThe Minister must publish a statement of reasons for any critical habitat declaration decision on the Biodiversity Register within 30 days after the decision is made.\n\t(6)\tBefore making a critical habitat declaration decision, the Minister must—\n\t(b)\tundertake public consultation, and such other engagement as the Minister considers appropriate, on the proposed declaration in the manner the Minister considers appropriate; and\n\t(c)\twhere reasonably practicable, seek to consult with any owners of land affected by the proposed declaration and any other person with a legal or equitable interest in that land or with a prescribed right in relation to that land; and\n\t(d)\tif the proposed declaration relates to a native species or ecological community that is a Culturally Significant Biodiversity Entity—undertake such engagement with Aboriginal persons and groups as the Minister considers appropriate, having regard to any relevant policy or other document published under this Act, and take into account any feedback provided by such persons and groups; and\n\t(e)\thave regard to any submissions received during the consultation period.\n\t(7)\tThe Minister may make a critical habitat declaration decision referred to in subsection (4)(b) or (c) if the Minister considers that the decision is appropriate on the basis of the eligibility requirements under subsection (2).\n85—Minister may enter into agreement or arrange for action plan\nThe Minister may take steps to engage with the owner of land on which critical habitat is located to do 1 or both of the following:\n\t(a)\tenter into a biodiversity agreement to protect the habitat;\n\t(b)\tarrange for the preparation of an action plan under section 79 in respect of the habitat.\n86—Offence to destroy, damage or disturb critical habitat without authorisation\n\t(1)\tSubject to this Act, a person must not destroy, damage or disturb critical habitat features of critical habitat unless the person is taken to hold an authorisation under section 88 authorising the person to carry out or undertake the destruction, damage or disturbance (as the case requires).\n\t(b)\tin the case of an individual—$500 000 or imprisonment for 5 years.\n\t(2)\tFor the purposes of an offence against subsection (1), the Minister may make a biodiversity policy in relation to each critical habitat that outlines what does or does not constitute destruction, damage or disturbance of critical habitat features of that habitat and whether a person has committed an offence against subsection (1) will be determined in accordance with the policy.\n87—Destroying, damaging or disturbing critical habitat by Aboriginal persons\n\t(1)\tThis section does not apply to the destruction, damage or disturbance of, or in respect of—\n\t(a)\tcritical habitat, or critical habitat features of critical habitat, of a prescribed class; or\n\t(b)\tcritical habitat features of critical habitat by a prescribed means or in prescribed circumstances.\n\t(2)\tNothing in this Division prevents an Aboriginal person from destroying, damaging or disturbing critical habitat features of critical habitat for the purposes of using the critical habitat features for a non‑commercial cultural or spiritual practice (which may include using the features as food in the course of that practice).\nIn destroying, damaging or disturbing critical habitat features of critical habitat in accordance with this section, an Aboriginal person is subject to laws of general application.\n88—Authorisation to destroy, damage or disturb critical habitat features\n\t(1)\tFor the purposes of section 86, a person is taken to hold an authorisation to destroy, damage or disturb critical habitat features of critical habitat if—\n\t(a)\tin the case of destruction, damage or disturbance that constitutes a regulated act or activity under Part 4 carried out or undertaken in respect of critical habitat features that comprise or constitute native plants—\n\t(i)\tin the case of a regulated act or activity under Part 4 constituting clearance of native plants—\n\t(A)\tsubject to section 56, the person has been given written consent by the CAC in accordance with Part 4 Division 3 to clear the critical habitat features; or\n\t(B)\tthe act or activity is carried out or undertaken in prescribed circumstances; or\n\t(ii)\tin the case of a regulated act or activity under Part 4 constituting taking native plants—the person has been granted a permit by the Minister under Part 9 to take the critical habitat features; or\n\t(b)\tin any other case—the person has been given consent by the CAC in accordance with this Division to destroy, damage or disturb the critical habitat features.\n\t(2)\tIf a person who is (apart from this subsection) taken to hold an authorisation to destroy, damage or disturb critical habitat features of critical habitat in accordance with this section fails to destroy, damage or disturb the critical habitat features in accordance with the consent or permit (as the case requires), the person is taken not to hold the authorisation.\n89—Application for consent\n\t(1)\tAn application for consent under this Division may be made by any person.\n\t(2)\tAn application for consent under this Division must be made in a manner and form approved by the CAC and must be accompanied by—\n\t(a)\tsuch information as the CAC reasonably requires; and\n\t(b)\tthe prescribed fee.\n\t(3)\tThe CAC may, following receipt of an application under this section, request the applicant to provide such additional documents or information as the CAC may reasonably require to assess the application.\n\t(4)\tA person may, at any time, make an application for destroying, damaging or disturbing critical habitat features of critical habitat, or land on which critical habitat is situated, in respect of which an application under this section has previously been made.\n90—Circumstances in which consent may be given etc\n\t(1)\tIf proposed destruction, damage or disturbance of critical habitat features of critical habitat that is the subject of an application under section 89 is, in the opinion of the CAC, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the CAC must not give consent unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and—\n\t(a)\tthat the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the CAC is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or\n\t(b)\tthat the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the CAC is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be).\n\t(2)\tFor the purposes of subsection (1), the CAC may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by the destruction, damage or disturbance of critical habitat features.\n91—Consultation and representations\n\t(1)\tThe CAC must, before giving its consent under this Division, undertake such consultation as is required (if any) by a scheme set out in the regulations.\n\t(2)\tThe CAC must allow any person who desires to do so to make representations in writing to the CAC in relation to the giving or refusal of consent to an application to destroy, damage or disturb critical habitat features of critical habitat within the period of 28 days from the day on which the application is received by the CAC.\n\t(3)\tThe CAC may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the CAC should or should not consent to an application to destroy, damage or disturb critical habitat features of critical habitat.\n92—Conditions of consent\n\t(1)\tA consent given under this Division is subject to such conditions (if any) as the CAC thinks fit to impose.\n\t(2)\tWithout limiting subsection (1), consent may be subject to a condition that the destruction, damage or disturbance of the critical habitat features of the critical habitat be undertaken by the owner of the land on which the destruction, damage or disturbance is to be undertaken or a person authorised to undertake the destruction, damage or disturbance by the owner of the land.\n\t(3)\tIf the applicant has, in accordance with section 90(1)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the destruction, damage or disturbance of the critical habitat features of the critical habitat, the CAC must attach a condition to the consent requiring that the proposed act or activity be achieved.\n\t(4)\tConditions imposed on consent given under this Division are binding on, and enforceable against—\n\t(a)\tthe holder of the consent; and\n\t(b)\tthe owner, and any subsequent owner, of the land to be cleared and any other land to which a condition relates; and\n\t(c)\tan occupier of the land to be cleared and any other person who acquires the benefit of the consent.\n\t(5)\tThe CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land in accordance with section 170.\n93—Contravention of condition of consent\nA person must not contravene a condition of a consent given under this Division that is held by the person.\n\t(b)\tin the case of an individual—$500 000 or imprisonment for 5 years.\n94—Assignment of consent\n\t(1)\tThe CAC may, on application, assign a consent under this Division to another person.\n\t(2)\tAn application for the assignment of a consent under this section must be made in a manner and form approved by the CAC.\n\t(3)\tA consent assigned under subsection (1) is subject to the same conditions to which it was subject immediately before it was assigned.\n\t(4)\tIf the CAC assigns a consent under subsection (1), the person to whom it is assigned becomes the holder of the consent.\n95—Other matters relating to consents\n\t(1)\tConsent under this Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix at the time of giving consent or subsequently on application by a person who has the benefit of the consent.\n\t(2)\tIf, following the giving of a consent under this Division, the CAC becomes aware that information in, or provided in support of, the application for consent was incorrect or incomplete, the CAC may, by notice in writing to the applicant—\n\t(a)\tvary the consent (including by varying or removing conditions of the consent or by imposing additional conditions) to reflect the consent that would have been given had the CAC been aware of the correct or complete information at the time the application was determined; or\n\t(b)\trevoke the consent if the application would have been refused had the CAC been aware of the correct or complete information at the time the application was determined.\n\t(3)\tThe CAC must observe the rules of natural justice when considering and determining an application for consent under this Division.\n\t(4)\tThe CAC must provide the applicant with a written statement of the reasons for its decision under this Division.\n\t(5)\tThe CAC must cause its decisions and statements of reasons under this Division to be published on the Biodiversity Register.\n","sortOrder":15},{"sectionNumber":"Part 7","sectionType":"part","heading":"Conserved areas","content":"Part 7—Conserved areas\nDivision 1—Sanctuaries and other conservation areas\n96—Establishment of sanctuaries\n\t(1)\tThe Minister may, by notice in the Gazette, declare land to be a sanctuary if the Minister is of the opinion that the declaration is desirable to conserve protected animals or native plants and—\n\t(a)\twhere the land is reserved for or dedicated to a public purpose—the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or\n\t(b)\twhere the land is private land, or is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the owner and occupier of the land have consented to a declaration under this section.\n\t(2)\tThe declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made.\n\t(3)\tThe Minister—\n\t(a)\tmay repeal any declaration under this section; and\n\t(b)\twhere private land, or land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989, constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary—must repeal the declaration under which that land is constituted as a sanctuary.\n\t(4)\tIn this section—\nowner means—\n\t(a)\tin the case of private land that is held in fee simple—the holder of the estate in fee simple; or\n\t(b)\tin the case of land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the lessee under that lease.\n97—Other conservation areas\nThe regulations may establish, or set out processes for establishing, conservation areas on private land, with the consent of the owner of the land, and make provision in respect of the management of such areas.\nDivision 2—Biodiversity agreements\n98—Biodiversity agreements\n\t(1)\tThe Minister may enter into a biodiversity agreement with the owner of land (including, to avoid doubt, where the Minister is the owner of the land) for the conservation, restoration or enhancement of biodiversity on the land.\n\t(2)\tA biodiversity agreement may contain such provisions as the Minister thinks fit including (without limiting the generality of this subsection) provisions to—\n\t(a)\trestrict the use of land to which it applies; and\n\t(b)\trequire specified work or work of a specified kind to be carried out in accordance with specified standards on the land; and\n\t(c)\trestrict the nature of work that may be carried out on the land; and\n\t(d)\tprovide for the management of the land, native plants on the land or any animals living on or visiting the land in accordance with a biodiversity management plan to be agreed from time to time between the Minister and the owner; and\n\t(e)\tprovide for the period for or within which specified measures, actions or requirements are to be taken, undertaken or complied with; and\n\t(f)\tspecify the term for which the agreement is to operate; and\n\t(g)\tin respect of an agreement deemed to operate in perpetuity—\n\t(i)\tprovide for remission of rates or taxes in respect of the land; and\n\t(ii)\tprovide for the Minister to pay to the owner of the land an amount in respect of the decrease in the value of the land resulting from the execution of the biodiversity agreement; and\n\t(h)\tprovide for the Minister to pay to the owner of the land an amount as an incentive to enter into the biodiversity agreement.\n\t(3)\tIf a biodiversity agreement specifies the term for which the agreement is to operate, the term of the agreement must not be for a period of less than 20 years.\n\t(4)\tIf a biodiversity agreement does not specify the term for which the agreement is to operate, it is deemed to operate in perpetuity.\n\t(5)\tSubject to subsections (6) and (7), the Minister may, by agreement with the owner of the land to which a biodiversity agreement applies—\n\t(a)\tvary the biodiversity agreement, including to vary the term of the agreement (but not so as to reduce the term of the agreement to a period of less than 20 years from the commencement of the agreement); or\n\t(b)\tterminate the biodiversity agreement.\n\t(6)\tIf a biodiversity agreement is deemed to operate in perpetuity in accordance with subsection (4), the agreement cannot be varied to include a term for which the agreement is to operate.\n\t(7)\tIf a biodiversity agreement (the original agreement) is entered into in relation to a requirement under this Act that an environmental benefit be achieved by a person, the original agreement must not be varied or terminated if that variation or termination would prevent the achievement of the required environmental benefit in full, unless the variation or termination is as a consequence of some other agreement or arrangement under this Act being entered into for the conservation, restoration or enhancement of biodiversity on the land to which the original agreement applied that, in the opinion of the Council, offers the same or more protection for biodiversity on the land than the original agreement.\n\t(8)\tA biodiversity agreement attaches to the land and is, during the term for which the agreement operates, binding on the current owner of the land whether or not that owner was the person with whom the agreement was made.\n\t(9)\tA biodiversity agreement is, during the term for which the agreement operates and to the extent specified in the agreement, binding on the occupier of the land.\n\t(10)\tThe Minister must not enter into, vary or terminate a biodiversity agreement under this section without first consulting and obtaining the approval of the Council.\n\t(11)\tIf—\n\t(a)\tthe Minister enters into a biodiversity agreement; or\n\t(b)\tthe Minister varies a biodiversity agreement (including varying the term of the agreement); or\n\t(c)\tthe Minister terminates a biodiversity agreement; or\n\t(d)\tthe term of a biodiversity agreement, if specified in the agreement, expires,\nthe Minister must inform the Registrar‑General of the agreement, or the variation, termination or expiry, in accordance with section 170.\n\t(12)\tA provision of a biodiversity agreement providing for the remission of rates or taxes has effect despite any law to the contrary.\n\t(13)\tThe amount that the Minister agrees to pay in respect of the decrease in the value of the land referred to in subsection (2) must not exceed the amount of the decrease determined by the Valuer‑General.\n\t(14)\tAny money required by the Minister to meet the Minister's obligations under a biodiversity agreement entered into under this section must be paid from the Biodiversity Restoration Fund.\n\t(15)\tIf, in the opinion of the Minister, a person to whom money from the Biodiversity Restoration Fund has been paid under a biodiversity agreement has contravened a term of the agreement, the Minister may serve written notice on that person demanding repayment of the amount paid or such lesser amount as is specified in the notice.\n\t(16)\tAn amount demanded by the Minister under subsection (15) is a debt due by the person from whom it is demanded to the Minister and on recovery must be paid by the Minister into the Biodiversity Restoration Fund.\n\t(17)\tA court that is considering a claim for payment of a debt referred to in subsection (16) may refuse to order payment of all or part of the amount if, in its opinion, the person to whom the money was paid did not contravene the terms of the agreement.\nDivision 3—Financial and other assistance\n99—Financial and other assistance\n\t(1)\tAn application may be made to the Council for financial or other assistance for 1 or more of the following purposes:\n\t(a)\tundertaking ecological restoration on land, including, but not limited to, restoring or establishing native plants on the land;\n\t(b)\tmanaging land, native plants growing or situated on land or any animals living on or visiting land;\n\t(c)\tpreserving or enhancing native plants growing or situated on land;\n\t(d)\tundertaking research in relation to the conservation, restoration, enhancement or management of native plants growing or situated on land or of animals living on or visiting land;\n\t(e)\tto purchase land for the purpose of conserving, protecting or enhancing native plants growing or situated on the land;\n\t(f)\tto purchase land for the purpose of undertaking ecological restoration on the land, including, but not limited to, restoring or establishing native plants on the land.\n\t(2)\tAn application must be made in a manner and form approved by the Council and must—\n\t(a)\tset out the applicant's proposals for the application of the assistance requested by the applicant; and\n\t(b)\tinclude any other information required by the Council.\n\t(3)\tThe applicant's proposals must be based on Council guidelines referred to in section 174(2)(g).\n\t(4)\tIn granting an application for assistance under this section, the Council must be satisfied that the land that is the subject of the application for financial assistance is, or will be, subject to a biodiversity agreement.\n\t(5)\tThe Council may attach to a grant of assistance under this section such conditions as it thinks fit.\n\t(6)\tMoney payable by way of financial assistance under this section must be paid from the Biodiversity Restoration Fund.\n\t(7)\tIf, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section—\n\t(a)\tcontravenes a condition attached to the grant of the assistance; or\n\t(b)\tcontravenes a term of a biodiversity agreement in respect of the relevant land; or\n\t(c)\tfails, within a reasonable time, to apply the amount granted for the purpose for which it was granted,\nthe Council may serve written notice on that person demanding repayment of the amount granted or such lesser amount as is specified in the notice.\n\t(8)\tAn amount demanded by the Council under subsection (7) is a debt due by the person from whom it is demanded to the Council and on recovery must be paid by the Council into the Biodiversity Restoration Fund.\n\t(9)\tA court that is considering a claim for payment of a debt referred to in subsection (8) may refuse to order payment of all or part of the amount claimed if, in its opinion, the person to whom the financial assistance was granted has applied it in accordance with the conditions on which it was granted or in accordance with what the person genuinely believed to be the conditions on which it was granted.\n","sortOrder":16},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement","content":"Part 8—Enforcement\nDivision 1—Authorised officers\n100—Appointment of authorised officers\n\t(1)\tThe following persons are authorised officers under this Act:\n\t(a)\tpersons appointed by the Minister;\n\t(b)\tpolice officers;\n\t(c)\twardens appointed under the National Parks Act 1972, other than wardens whose appointments are limited to a particular provision or provisions of the National Parks Act 1972 or to a particular reserve or reserves.\n\t(2)\tThe Minister may only appoint an officer of a local council to be an authorised officer under this Act with the written approval of the relevant council.\n\t(3)\tIf the Minister appoints an officer of a local council to be an authorised officer under this Act, the Minister must reimburse the local council for any reasonable costs incurred by the local council in connection with the appointment.\n\t(4)\tThe Minister may, at any time—\n\t(a)\tvary or revoke the appointment of an authorised officer appointed by the Minister; or\n\t(b)\tlimit the powers of an authorised officer appointed by the Minister.\n101—Identification of authorised officers\n\t(1)\tA person appointed by the Minister as an authorised officer under this Act must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act; and\n\t(c)\tstating any limitations on the authorised officer's powers.\n\t(2)\tIf the powers of an authorised officer appointed by the Minister have been limited, the identity card issued to the authorised officer must contain a statement of those limitations.\n\t(3)\tAn authorised officer (other than a police officer in uniform) must, at the request of another person in relation to whom the authorised officer intends to exercise powers under this Part, produce for the other person's inspection—\n\t(a)\tif the officer was appointed by the Minister as an authorised officer under this Act—the identity card issued to the officer under this section; or\n\t(b)\tif the officer is an authorised officer because the person holds an office under another Act—the identity card issued to the officer under that Act.\n102—Powers of authorised officers\n\t(1)\tAn authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time—\n\t(a)\tenter and inspect any place; and\n\t(b)\tenter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer, and board any vessel or craft; and\n\t(c)\tinspect (including open) any thing that is in or on any place or vehicle, including a package in the postal system; and\n\t(d)\tuse reasonable force to break into or open any part of, or anything in or on, any place or vehicle, but only if the authorised officer—\n\t(i)\tis exercising the power on the authority of a warrant issued by the Magistrates Court or a justice; or\n\t(ii)\tis acting with the permission of the owner of the relevant land or the person apparently in charge of the vehicle (as the case requires); or\n\t(iii)\treasonably believes that immediate action is required in the circumstances (including in order to prevent the destruction of, or otherwise preserve, evidence of a breach of this Act); and\n\t(e)\tgive directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing; and\n\t(f)\twith the authority of a warrant issued by the Magistrates Court or a justice, stop and search a person who is reasonably suspected of having, on or about their person, any thing that constitutes evidence of a breach of this Act; and\n\t(g)\ttake blood or other material (or authorise any other person to take blood or other material) from an animal (whether alive or dead) or from any animal product or egg, for the purpose of obtaining a DNA profile; and\n\t(h)\ttake measurements or place any markers, pegs, buoys or other items or equipment at any place; and\n\t(i)\ttake samples of any substance or thing from any place (including under any land) or vehicle; and\n\t(j)\tdig up any land by the use of hand‑held equipment for the purpose of taking samples; and\n\t(k)\twith the authority of a warrant issued by the Magistrates Court or a justice, to the extent to which it is reasonably required, take mechanical equipment on to any land and dig up the land, or any part of it, for the purposes of taking samples that the authorised officer reasonably suspects may constitute evidence of a breach of this Act; and\n\t(l)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; and\n\t(m)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; and\n\t(n)\ttake photographs, films, audio, video or other recordings; and\n\t(o)\texamine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; and\n\t(p)\tseize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a breach of this Act, or require a person to surrender, either immediately or within a specified period and at a specified place, anything held or maintained in breach of this Act; and\n\t(q)\twithout limiting the operation of paragraph (p), if the authorised officer finds any animals or plants that are being held or maintained contrary to any requirement or provision of this Act, or that are prohibited from being in the State under any other Act or law, seize and remove the animals or plants or take measures for their destruction or control; and\n\t(r)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(s)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act—\n\t(i)\tto answer questions in relation to those matters; or\n\t(ii)\tto attend at a specified place at a specified time and answer questions in relation to those matters; and\n\t(t)\trequest a person holding or required to hold a consent, permit or other authority under this Act, or acting in reliance of a consent, permit or other authority under this Act, to produce the consent, permit or authority for inspection; and\n\t(u)\tgive expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act; and\n\t(v)\texercise any power prescribed by the regulations; and\n\t(w)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act.\n\t(2)\tAn authorised officer, in exercising powers under this section, may be accompanied by such assistants as are reasonably required in the circumstances.\n\t(3)\tWhere an authorised officer is a police officer, the powers under this section apply in addition to any powers that the police officer has under any other Act or law.\n103—Issue of warrants\n\t(1)\tThe Magistrates Court or a justice must not issue a warrant for the purposes of this Part unless—\n\t(a)\tsatisfied that the warrant is reasonably required in the circumstances; and\n\t(b)\tin the case of a warrant authorising an authorised officer to take action under section 102(1)(k)—satisfied that there are reasonable grounds to believe that a person may have committed a breach of this Act.\n\t(2)\tAn application for the issue of a warrant may be made either personally or by telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tIf an application for the issue of a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the Magistrates Court or justice of their name and identify themself as an authorised officer, and the Magistrates Court or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer;\n\t(b)\tthe applicant must inform the Magistrates Court or justice of the grounds on which the applicant seeks the issue of the warrant;\n\t(c)\tif it appears to the Magistrates Court or justice from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the Magistrates Court or justice must inform the applicant of the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the Magistrates Court or justice may then make out and sign a warrant, noting on the warrant the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the Magistrates Court or justice;\n\t(f)\tthe Magistrates Court or justice must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the Magistrates Court or justice an affidavit verifying the facts referred to in paragraph (c).\n\t(6)\tAn authorised officer who executes a warrant must, as soon as practicable after execution of the warrant—\n\t(a)\tprepare a notice in the prescribed form containing—\n\t(i)\tthe authorised officer's own name and a statement that they are an authorised officer under this Act; and\n\t(ii)\tthe name of the person who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of the authority conferred by the warrant; and\n\t(b)\tgive the notice to the person affected by the warrant.\n\t(7)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n104—Provisions relating to seizure\n\t(1)\tIf a thing has been seized under this Division, the following provisions apply:\n\t(a)\tthe thing must be held pending proceedings under this Act related to the thing seized, unless the Minister, on the Minister's own motion or on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have breached this Act, the court may—\n\t(i)\torder that it be forfeited to the Minister; or\n\t(ii)\tif it has been released in accordance with paragraph (a)—\n\t(A)\tif the thing is an animal, animal product, egg or plant—order that it be forfeited to the Minister; or\n\t(B)\tin any other case—order that the person to whom it was released, or the person who is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have breached this Act, pay to the Minister an amount equal to its market value at the time of its seizure;\n\t(c)\tif proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have breached this Act, the Minister may recover from the person the costs of having retained the thing;\n\t(d)\tif—\n\t(i)\tproceedings are not instituted under this Act relating to the thing within the prescribed period after its seizure; or\n\t(ii)\tproceedings have been so instituted but—\n\t(A)\tno person is, as a result of the proceedings, convicted or found guilty of an offence or otherwise found to have breached this Act; or\n\t(B)\ta person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have breached this Act but no order for forfeiture is made under paragraph (b); or\n\t(C)\tthe thing is no longer required to furnish evidence for the purposes of the proceedings,\nthen the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged, destroyed, released or otherwise disposed of, compensation of an amount equal to its market value at the time of its seizure;\n\t(e)\tif the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom a thing is to be returned, the thing may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Biodiversity Conservation Fund;\n\t(f)\tif, in the opinion of the Minister, an animal, animal product, egg or plant seized under this Act will suffer a loss in its value before the question of its forfeiture under this section can be determined, the thing may be sold or disposed of as the Minister thinks fit (unless it is required for evidentiary purposes) and, if sold, the proceeds of the sale will be dealt with under this section as if they were the thing;\n\t(g)\tif a living animal is seized under this section, the Minister may make arrangements for—\n\t(i)\tthe animal's care; or\n\t(ii)\tif, in the opinion of the Minister—\n\t(A)\tit is in the best interests of the welfare of the animal to be released into the wild—its release into the wild; or\n\t(B)\tit is necessary for the welfare of the animal to be destroyed—its destruction.\nowner in relation to an object seized under this section means either or both of the following persons:\n\t(a)\ta person who has legal title to the object;\n\t(b)\ta person who was, immediately before seizure of the object, legally in possession or control of the object;\nprescribed period means 12 months or such longer period as the ERD Court may, on application by the Minister, allow;\nthing includes—\n\t(a)\tan animal, animal product or egg; and\n\t(b)\ta plant; and\n\t(c)\ta vehicle; and\n\t(d)\ta cage or container; and\n\t(e)\ta firearm or taking device; and\n\t(f)\ta poison or other substance; and\n\t(g)\ta document or record.\n105—Offence to hinder etc authorised officers\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Act; or\n\t(d)\twhen required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that they are an authorised officer,\nis guilty of an offence.\nMaximum penalty: $15 000.\n\t(2)\tA person who assaults an authorised officer, or a person assisting an authorised officer in the exercise of powers under this Act, is guilty of an offence.\nMaximum penalty: $15 000 or 2 years imprisonment.\n106—Self‑incrimination\n\t(1)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by an individual with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\nDivision 2—Power to require or obtain information\n107—Information discovery orders\n\t(1)\tAn authorised officer may issue an information discovery order under this Division for the purpose of obtaining information reasonably required for the administration, operation or enforcement of this Act.\n\t(2)\tAn information discovery order may be issued to any person who the authorised officer reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required.\n\t(3)\tAn information discovery order—\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmay require information, as specified in the order, to be furnished to the authorised officer in such manner and within such period as is specified in the order; and\n\t(d)\tmust state the purpose for which the information is required; and\n\t(e)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(4)\tIf an information discovery order has been issued to a person by an authorised officer, the authorised officer may, by written notice served on the person, vary or revoke the order.\n\t(5)\tA person to whom an information discovery order is issued must comply with the order.\nMaximum penalty: $8 000.\n108—Obtaining of information on non‑compliance with order\n\t(1)\tIf a person—\n\t(a)\tfails to furnish information as required by an information discovery order; or\n\t(b)\tbeing required by such an order to furnish information, furnishes information that is inaccurate or incomplete,\nthe authorised officer who issued the order may take such action as is reasonably required to obtain the information.\n\t(2)\tThe reasonable costs and expenses incurred by an authorised officer in taking action under this section may be recovered by the authorised officer as a debt from the person whose failure gave rise to the action.\n109—Appeal to ERD Court\n\t(1)\tA person to whom an information discovery order has been issued may appeal to the ERD Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal under this section must be made within 14 days after the order is issued or the variation is made.\n\t(4)\tThe ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.\n\t(5)\tAn appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal).\nDivision 3—Administrative remedies\n110—Interpretation\nIn this Division—\ndesignated authority means the Minister, the CAC or an authorised officer.\n111—Compliance orders\n\t(1)\tA designated authority may issue a compliance order, or an emergency compliance order, for the purposes of securing compliance with a requirement imposed, or duty created, by or under this Act.\n\t(2)\tA compliance order—\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust identify the person or body issuing the order; and\n\t(d)\tmust state the grounds on which it is made with reasonable particularity; and\n\t(e)\tmay impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action in a specified way, and within a specified period or at specified times or subject to specified conditions;\n\t(iv)\ta requirement that the person enter into a bond in such sum and subject to such terms and conditions specified in the order, or enter into some other arrangement specified in the order (which may include payment of a sum of money into the relevant fund under this Act), to ensure that money is available to address the costs of any damage, or threatened damage, to biodiversity;\n\t(v)\ta requirement that the person take action to prevent or minimise any damage to biodiversity or to control any specified activity;\n\t(vi)\ta requirement that the person undertake specified tests or monitoring;\n\t(vii)\ta requirement that the person furnish to the Minister specified results or reports;\n\t(viii)\ta requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and\n\t(f)\tmust state that the person may, within 21 days, appeal to the ERD Court against the order or any subsequent variation of the order.\n\t(3)\tA designated authority may, if of the opinion that urgent action is required for the protection of biodiversity, issue an emergency compliance order imposing requirements of a kind referred to in subsection (2)(e) (other than a requirement for payment into the relevant fund under this Act) as reasonably required for the protection of biodiversity.\n\t(4)\tAn emergency compliance order may be issued orally by the designated authority but, in that event, the person to whom the order is issued must be advised as soon as practicable of the person's right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency compliance order is issued orally, the designated authority that issued it must confirm it in writing (with or without variations) at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tA designated authority may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other compliance order a requirement for an act or omission that might otherwise constitute a breach of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.\n\t(7)\tA designated authority may, by written notice served on a person to whom a compliance order has been issued, vary or revoke the order.\n\t(8)\tA person to whom a compliance order is issued must comply with the order.\n\t(a)\tif the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for breach of that requirement—that penalty;\n\t(b)\tin any other case—$70 000.\n\t(9)\tA person must not hinder or obstruct a person complying with a compliance order.\n112—Reparation orders\n\t(1)\tIf a designated authority is satisfied that a person has caused harm to biodiversity by breach of any requirement imposed, or duty created, by or under this Act, the designated authority may issue a reparation order requiring the person to do 1 or more of the following:\n\t(a)\tto take specified action within a specified period to make good any resulting damage to biodiversity (including by taking action to restore ecological function);\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\tto take specified action to achieve a significant environmental benefit in accordance with the requirements of the SEB policy; or\n\t(ii)\tto make a payment into the Biodiversity Restoration Fund of an amount considered by the designated authority to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy;\n\t(c)\tto make a payment into the Biodiversity Conservation Fund of an amount determined to be sufficient to remedy the impact of the alleged breach;\n\t(d)\tto make a payment into the relevant fund under this Act of an amount determined to be appropriate in the circumstances on account of any benefit that the person has gained, or can reasonably expect to gain, from the alleged breach;\n\t(e)\tto discontinue, or not commence, a specified activity, or to take specified action in a specified way, to ensure that the person does not gain an ongoing benefit from the alleged breach.\n\t(2)\tA reparation order—\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust identify the person or body issuing the order; and\n\t(d)\tmust state the grounds on which it is made with reasonable particularity; and\n\t(e)\tmay impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:\n\t(i)\ta requirement for action to be taken to prevent or mitigate further harm to biodiversity or for a plan of action to be prepared to the satisfaction of the designated authority;\n\t(ii)\ta requirement for specified monitoring of actions taken in accordance with a requirement imposed under subsection (1)(a), (b)(i) or (e);\n\t(iii)\ta requirement for providing specified information or reports to the designated authority;\n\t(iv)\ta requirement that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a management plan or report or to undertake monitoring required by the order; and\n\t(f)\tmust state that the person may, within 21 days, appeal to the ERD Court against the order or any subsequent variation of the order.\n\t(3)\tIf the person to whom a reparation order is issued is not the owner or occupier of land in relation to which action must be taken in accordance with the order, the order authorises the person (or other person authorised by that person) to—\n\t(a)\tenter the land with such materials and equipment as are reasonably necessary to comply with the order; and\n\t(b)\tto enter and cross any other land specified in the order with the materials and equipment referred to in paragraph (a) for the purpose of gaining access to the land in relation to which action must be taken in accordance with the order.\n\t(4)\tThe designated authority may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2) (other than a requirement for payment into a fund under this Act) as reasonably required to prevent or mitigate further harm.\n\t(5)\tAn emergency reparation order may be issued orally by the designated authority but, in that event, the person to whom the order is issued must be advised as soon as practicable of the person's right to appeal to the ERD Court against the order.\n\t(6)\tIf an emergency reparation order is issued orally, the designated authority that issued it must confirm it in writing (with or without variations) at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(7)\tA designated authority may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a breach of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.\n\t(8)\tA designated authority may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order.\n\t(9)\tA person to whom a reparation order is issued must comply with the order.\n\t(a)\tif the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for breach of that requirement—that penalty;\n\t(b)\tin any other case—$70 000.\n\t(10)\tA person must not hinder or obstruct a person complying with a reparation order.\n113—Action on non‑compliance with compliance order or reparation order\n\t(1)\tIf the requirements of a compliance order or reparation order are not complied with, the Minister may take any action required to give effect to the order.\n\t(2)\tAction to be taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for that purpose.\n\t(3)\tAn authorised officer or another person authorised by the Minister taking action under this section is authorised to enter any place, including by use of reasonable force, as is reasonably necessary at any reasonable time with any materials and equipment and with any assistance as is required.\n\t(4)\tThe powers in subsection (3) are in addition to any powers an authorised officer has under this Act.\n\t(5)\tThe reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered as a debt from the person who failed to comply with the requirements of the compliance order or reparation order.\n\t(6)\tIf an amount is recoverable from a person under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the rate prescribed by regulation on the amount unpaid and on any unpaid interest; and\n\t(b)\tthe amount together with any interest so payable is, until paid, a first charge in favour of the Minister on all land owned by the person.\n114—Registration of orders by Registrar‑General\n\t(a)\ta designated authority has issued a compliance order or reparation order; and\n\t(b)\tthe order is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land,\nthe Minister may apply to the Registrar‑General for the registration of the order in relation to that land.\n\t(2)\tAn application under this section must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tcomply with any requirements imposed by the Registrar‑General for the purposes of this section.\n\t(3)\tThe Registrar‑General must on—\n\t(a)\tdue application under subsection (2); and\n\t(b)\tthe lodgement of a copy of the relevant order,\nregister the order in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the GRO as the Registrar‑General thinks fit.\n\t(4)\tThe Minister must provide to the Registrar‑General notice of any variation to an order registered under this section.\n\t(5)\tAn order registered under this section (as varied from time to time) is binding on each owner and occupier from time to time of the land.\n\t(6)\tThe Registrar‑General must, on application by the Minister, cancel the registration of an order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar‑General thinks fit.\n\t(7)\tThe Minister may, if the Minister thinks fit, apply to the Registrar‑General for cancellation of the registration of an order under this section in relation to land, and must do so—\n\t(a)\ton revocation of the order; or\n\t(b)\ton full compliance with the requirements of the order; or\n\t(c)\tif action has been taken by the Minister under this Division—on payment to the Minister of any amount recoverable by the Minister under this Division in relation to the action so taken.\n\t(8)\tThe Minister must, as soon as is reasonably practicable, notify each owner or occupier of the relevant land by notice in writing if—\n\t(a)\tan order is registered under subsection (3); or\n\t(b)\tthe cancellation of the registration of an order is given effect to under subsection (7).\n115—Enforceable voluntary undertakings\n\t(1)\tThe Minister may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a breach or alleged breach by the person of this Act.\n\t(2)\tThe giving of an undertaking does not constitute an admission of guilt by the person giving the undertaking in respect of the breach or alleged breach to which the undertaking relates.\n\t(3)\tA person must not contravene an undertaking made by the person that is in effect.\nMaximum penalty: $70 000.\n\t(4)\tIf the Minister considers that a person has contravened an undertaking accepted by the Minister, the Minister may apply to the ERD Court for enforcement of the undertaking.\n\t(5)\tIf the ERD Court is satisfied that the person has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders:\n\t(a)\tan order that the person must comply with the undertaking or take specified action to comply with the undertaking;\n\t(b)\tan order discharging the undertaking;\n\t(c)\tan order directing the person to pay to the Minister—\n\t(i)\tthe costs of the proceedings; and\n\t(ii)\tthe reasonable costs of the Minister in monitoring compliance with the undertaking in the future;\n\t(d)\tany other order that the Court considers appropriate in the circumstances.\n\t(6)\tA person who has made an undertaking may, at any time, with the written agreement of the Minister—\n\t(a)\tvary the undertaking; or\n\t(b)\twithdraw the undertaking.\n\t(7)\tSubject to this section, no proceedings for a breach or alleged breach of this Act may be brought against a person if an undertaking is in effect in relation to that breach.\n\t(8)\tNo proceedings for a breach or alleged breach of this Act may be brought against a person who has made an undertaking under this section in relation to that breach and who has completely discharged the undertaking.\n\t(9)\tThe Minister may accept an undertaking in relation to a breach or alleged breach before proceedings in respect of that breach have been finalised.\n\t(10)\tIf the Minister accepts an undertaking before the proceedings are finalised, the Minister must take all reasonable steps to have the proceedings discontinued as soon as possible.\nDivision 4—Enforcement proceedings\nSubdivision 1—Civil enforcement\n116—Application to ERD Court for enforcement\n\t(1)\tThe following persons may apply to the ERD Court for an order to remedy or restrain a breach of this Act:\n\t(a)\tthe Minister;\n\t(b)\tin the case of unlawful clearance of native plants or unlawful destruction, damage or disturbance of critical habitat features of critical habitat—the CAC;\n\t(c)\ta person who owns or who has any other legal or equitable interest in land that has been, or will be, affected by the breach;\n\t(d)\tin the case of a contravention of a term of a biodiversity agreement—a party to the agreement;\n\t(e)\tin the case of a breach involving a Culturally Significant Biodiversity Entity—any affected Aboriginal person;\n\t(f)\twith permission of the Court—an Aboriginal person who has a cultural or spiritual connection to the land that has been, or will be, affected by the breach;\n\t(g)\tother than in respect of an application to restrain or remedy a breach of the general duty in section 11—any other person with the permission of the Court.\n\t(2)\tIn determining whether to grant permission under subsection (1)(f) or (g), the ERD Court must be satisfied that—\n\t(a)\tthere is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and\n\t(b)\tallowing the proceeding would be likely to promote the objects and principles of this Act; and\n\t(c)\tthe person has given written notice to the Minister asking the Minister to bring a proceeding and the Minister has failed to act within a reasonable time; and\n\t(d)\tthe proceedings would not be frivolous or vexatious or otherwise be an abuse of the process of the Court,\nand may have regard to any other matter the Court considers relevant to the person's standing to bring and maintain proceedings.\n\t(3)\tProceedings under this section may be brought in a representative capacity with the consent of all persons on whose behalf they are to be brought.\n\t(4)\tIf proceedings under this section relate to the unlawful clearance of plants or the unlawful destruction, damage or disturbance of critical habitat features of critical habitat and are brought by a person other than the CAC—\n\t(a)\tthe applicant must serve a copy of the application on the CAC within 3 days after filing the application with the ERD Court; and\n\t(b)\tthe Court must, on application by the CAC, join the CAC as a party to the proceedings.\n\t(5)\tAn application may be made in the absence of the respondent and, if the ERD Court is satisfied on the application that the respondent has a case to answer, it may grant the applicant permission to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.\n\t(6)\tAn application under this section must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993.\n\t(7)\tIf—\n\t(a)\tafter hearing—\n\t(i)\tthe applicant and the respondent; and\n\t(ii)\tany other person or body who, in the opinion of the ERD Court, has a proper interest in the subject matter of the proceedings or is otherwise referred to in subsection (1) and desires to be heard in the proceedings,\nthe Court is satisfied, on the balance of probabilities, that the respondent to the application has breached this Act; or\n\t(b)\tthe respondent fails to appear in response to the summons or, having appeared, does not avail themself of an opportunity to be heard, and the Court is satisfied, on the balance of probabilities, that the respondent to the application has breached this Act,\nthe Court may, by order, exercise 1 or more of the following powers:\n\t(c)\trequire the respondent to refrain, either temporarily or permanently, from the act, activity or course of action, that constitutes the breach;\n\t(d)\trequire the respondent to make good the breach in a manner, and within a period, specified by the Court, or to take such other action as may appear appropriate to the Court, taking into account the nature and extent of the impacted biodiversity;\n\t(e)\trequire the respondent to pay to any person who has suffered loss or damage as a result of the breach, or incurred costs or expenses as a result of the breach, compensation for the loss or damage or an amount for, or towards, those costs or expenses;\n\t(f)\trequire the respondent to pay into the relevant fund under this Act an amount, determined by the Court to be appropriate in the circumstances, on account of the financial benefit that the respondent has gained, or can reasonably be expected to gain, by committing the breach;\n\t(g)\trequire the respondent to pay into the relevant fund under this Act an amount, determined by the Court, in the nature of exemplary damages (and this amount may be in addition to any amount ordered to be paid under paragraph (f));\n\t(h)\trequire the respondent to take specified action to publicise—\n\t(i)\tthe breach of this Act; and\n\t(ii)\tthe environmental and other consequences flowing from the breach; and\n\t(iii)\tthe other requirements of the order made against the respondent;\n\t(i)\trequire the respondent to refrain from an act, activity or course of action, or to undertake an act, activity or course of action, to ensure that the respondent does not gain an ongoing benefit from the breach.\n\t(8)\tThe power conferred by subsection (7)(f) or (g) can only be exercised by a Judge of the ERD Court.\n\t(9)\tIn assessing damages under subsection (7)(g), the ERD Court must have regard to—\n\t(a)\tthe extent of the harm caused or likely to be caused by the commission of the offence; and\n\t(b)\tthe sensitivity of the receiving environment or component of biodiversity, including whether it is a threatened species, threatened ecological community, listed ecological entity or critical habitat; and\n\t(c)\twhether the harm caused or likely to be caused impacts on a Culturally Significant Biodiversity Entity (unless that entity is included in a part of the Biodiversity Register that is not made available to the public in accordance with section 177(3) and is not otherwise known by the respondent to be a Culturally Significant Biodiversity Entity) and any impacts to Aboriginal persons; and\n\t(d)\twhether the harm caused or likely to be caused occurs in a designated area; and\n\t(e)\tany benefit (including a financial benefit) that the respondent has gained or sought to gain by committing the breach; and\n\t(f)\tany other matter the Court may consider relevant.\n\t(10)\tSubject to subsection (12), the ERD Court may make such order in relation to costs of proceedings under this section as it thinks just and reasonable.\n\t(11)\tWithout limiting the generality of subsection (10), in determining whether to make any order in relation to costs the ERD Court may have regard to the following matters (so far as they are relevant):\n\t(a)\twhether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest;\n\t(b)\twhether or not the proceedings raise significant issues relating to the administration of this Act.\n\t(12)\tThe ERD Court may only make an order in relation to costs of proceedings under this section against an applicant bringing proceedings in accordance with subsection (1)(e) or (f) if the Court is satisfied after hearing the proceedings that the application was frivolous or vexatious.\n\t(13)\tIn this section—\nbreach of this Act includes a threatened contravention of a provision this Act, the regulations or a term of a biodiversity agreement or a biodiversity management plan.\n117—Order where native plants have been cleared\n\t(1)\tSubject to subsections (7)(d) and (8), if the ERD Court is satisfied on the balance of probabilities that the respondent—\n\t(a)\thas cleared native plants in breach of this Act; or\n\t(b)\thas cleared native plants in accordance with the CAC's consent but has not complied with a condition of a kind referred to in section 53 attached to the consent,\nthe Court must make an order against the respondent under section 116(7)(d).\n\t(2)\tIn making the order under section 116(7)(d), the ERD Court may (or, if requested to do so by the CAC, must) consider whether the respondent should be required to enter into a biodiversity agreement in respect of the land.\n\t(3)\tThe order under section 116(7)(d) must direct the respondent to—\n\t(a)\tremove the buildings, works or plants (if any) that have been erected, undertaken or planted on the land since the clearance occurred; and\n\t(b)\testablish plants of a species specified in the order in such numbers and on such parts of the cleared land as is specified in the order; and\n\t(c)\tnurture, protect and maintain the plants until they are fully established or for such period as is specified in the order; and\n\t(d)\tpay into the Biodiversity Restoration Fund an amount, determined by the ERD Court to be appropriate in the circumstances, on account of the financial benefit that the respondent has gained, or can reasonably be expected to gain, by committing the breach; and\n\t(e)\trefrain from an act, activity or course of action, or to undertake an act, activity or course of action, to ensure that the respondent does not gain an ongoing benefit from the breach.\n\t(4)\tThe order under section 116(7)(d) may do 1 or more of the following:\n\t(a)\twhere some of the original plants are still growing or situated on the land—direct that they be removed so that the new plants can be established on the land;\n\t(b)\tinclude such ancillary directions or orders as the ERD Court thinks fit.\n\t(5)\tIf the respondent is not the owner or occupier of the land, the order authorises the respondent (or a person authorised by the respondent) to—\n\t(a)\tenter the land with such materials and equipment as are reasonably necessary to comply with the order; and\n\t(b)\tto enter and cross any other land specified in the order with the materials and equipment referred to in paragraph (a) for the purpose of gaining access to the cleared land.\n\t(6)\tAn owner or occupier of land or any other person who hinders or obstructs the respondent (or a person authorised by the respondent) in carrying out the directions of an order under this section or entering and crossing land under subsection (5) is guilty of an offence.\n\t(7)\tIf the ERD Court is satisfied on the balance of probabilities that—\n\t(a)\tthe owner or occupier of the cleared land did not know and could not reasonably have been expected to know of the circumstances referred to in subsection (1) requiring the making of an order under section 116(7)(d); and\n\t(b)\tcompliance with an order under section 116(7)(d) will cause financial loss to that person,\nthe Court may—\n\t(c)\tassess the amount of the financial loss and order the respondent to pay that amount to the owner or occupier of the land; or\n\t(d)\trefuse to make the order or make the order in a modified form.\n\t(8)\tIf the ERD Court is satisfied that compliance with any order under section 116(7)(d) would not be reasonably practicable, it may refuse to make the order or may make the order in a modified form.\n\t(9)\tHowever, the ERD Court cannot take into account financial grounds when making an assessment under subsection (8) unless the Court is satisfied that it would be unduly harsh not to do so.\n\t(10)\tIf, in the opinion of the ERD Court, it should refuse under subsection (7)(d) or (8) to make an order under section 116(7)(d), the Court may make an order against the respondent requiring the establishment of plants in accordance with the provisions of this section on some other land specified by the Court.\n118—No development orders\n\t(1)\tIf the owner of land—\n\t(a)\ton which native plants are growing or situated is convicted of an offence against section 45 in relation to clearance of native plants; or\n\t(b)\tis convicted or found guilty of an offence against section 46 where the effect of the contravention of the condition that constitutes the offence is that native plants growing or situated on that land have been cleared without consent,\nthe ERD Court may, in addition to imposing a penalty for the offence, order that no development of the land in relation to which the offence was committed may be undertaken during a period (not exceeding 10 years) fixed by the Court except for the purpose of re‑establishing or restoring native plants cleared in, or otherwise making good any damage to native plants caused through, the commission of the offence.\n\t(2)\tBefore making an order under this section, the ERD Court must give—\n\t(a)\tany person with a registered interest in the land; and\n\t(b)\tif the land is within the area of a local council—the local council,\na reasonable opportunity to make submissions on whether the order should be made and, if made, the term of the order.\n\t(3)\tThe ERD Court may, on application, vary or revoke an order made under this section.\n\t(4)\tAn application to vary or revoke an order made under this section may not be made by the owner of the land who was convicted of the offence against section 45 or 46 (the owner) or a person who the ERD Court considers is acting on behalf of the owner or is otherwise associated with the owner.\n\t(5)\tA person who undertakes development contrary to an order under this section is, in addition to liability for contempt of the order, guilty of an offence.\n\t(b)\tin the case of an individual—$500 000.\n\t(6)\tIn this section—\ndevelopment has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nland in relation to which the offence was committed means—\n\t(a)\tland on which the plant is or was growing or is or was situated; and\n\t(b)\tland that has been, or will be, affected in any way (including by an increase in its value) by reason of the commission of the offence.\n119—Interim order\n\t(1)\tIf, on an application under this Division or before the determination of the proceedings commenced by an application under this Division, the ERD Court is satisfied that, in order to protect biodiversity or to preserve the rights or interests of parties to the proceedings, or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(2)\tAn interim order—\n\t(a)\tmay be made on an application in the absence of the respondent; and\n\t(b)\tmay be made whether or not the application has been referred to a conference under section 116(6); and\n\t(c)\twill be made subject to such conditions as the ERD Court thinks fit; and\n\t(d)\twill not (as such) operate after the proceedings in which it is made are finally determined.\n120—Enforcement of ERD Court orders\n\t(1)\tA person who contravenes an order of the ERD Court under this Division is, in addition to liability for contempt of the order, guilty of an offence.\n\t(b)\tin the case of an individual—$500 000.\n\t(2)\tIf the ERD Court makes an order under section 116(7)(d) and the respondent fails to comply with the order within the period specified by the Court, the Minister may cause any work contemplated by the order to be carried out, and may recover the reasonable costs and expenses of that work, as a debt, from the respondent.\n\t(3)\tSection 117(5) and (6) apply to, and in relation to, the Minister when acting under subsection (2) as though it were the respondent.\n\t(4)\tIf an amount is recoverable from a person by the Minister under subsection (2)—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the rate prescribed by regulation on the amount unpaid and on any unpaid interest; and\n\t(b)\tthe amount together with any interest so payable is, until paid, a first charge in favour of the Minister on all land owned by the person.\n121—Miscellaneous provisions\n\t(1)\tIf the ERD Court makes an order under this Division that requires any act or activity to be carried out on land or otherwise affects the future use of land, the Court must include in the order a requirement that a copy of the order be served on the Registrar‑General and that the Registrar‑General note the order against the relevant certificate or other instrument of title or, in the case of land not under the Real Property Act 1886, against the land (and the Registrar‑General must, on service of the order, make the note and then must not remove the note except in accordance with an order of the Court).\n\t(2)\tThe ERD Court may order an applicant in proceedings under section 116—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (3).\n\t(3)\tIf, on an application under section 116, the ERD Court is satisfied—\n\t(a)\tthat the respondent has not breached this Act (within the meaning of that section); and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage which the respondent has suffered.\n\t(4)\tThe ERD Court may only require an applicant bringing proceedings in accordance with section 116(1)(e) or (f) to make a payment under subsection (3) if the Court is satisfied that the application was frivolous or vexatious.\n\t(5)\tA person who fails to comply with an order of the ERD Court under this Division commits a contempt of Court.\n\t(6)\tThe ERD Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under subsection (2) or (3).\n\t(7)\tThe ERD Court may, on application under this subsection by a person to whom a notice has been given under section 113(6)(a) or 120(4)(a) extend the period that has been fixed by the Minister for the purposes of the notice (and the relevant order of the Court under this subsection will then have effect according to its terms).\n122—Commencement of proceedings\nProceedings under this Subdivision must be commenced—\n\t(a)\tif the proceedings relate to an offence under this Act which the respondent has expiated or of which the respondent has been convicted or found guilty—within 1 year after the date on which the respondent so expiated, or was convicted or found guilty of, the offence (as the case requires); or\n\t(b)\tin any other case—within 5 years after the date on which the breach is alleged to have occurred or, with the authorisation of the Attorney‑General, within 10 years after the date on which the breach is alleged to have occurred.\n123—Initiating civil proceedings to require offender to make good clearance of plants\n\t(1)\tIf a court finds a person guilty—\n\t(a)\tof an offence against section 45 in relation to clearance of native plants; or\n\t(b)\tof an offence against section 46 where the effect of the contravention of the condition that constitutes the offence is that a native plant has been cleared without the consent of the CAC,\nthe CAC must, within the prescribed period, initiate civil proceedings under this Subdivision in order to require the offender to make good the breach of this Act unless such proceedings have already been commenced in, or an order has already been made by, the ERD Court under this Subdivision in relation to the matter, or the finding of guilt is overturned on appeal.\nprescribed period, in relation to the initiation of civil proceedings against an offender, means—\n\t(a)\t1 year after the time within which the offender may appeal against the relevant finding of guilt; or\n\t(b)\tif an appeal is commenced—1 year after—\n\t(i)\tthe appeal is dismissed, struck out or withdrawn; or\n\t(ii)\tany questions raised by the appeal have been finally determined.\n124—Recovery of civil penalty in respect of breach\n\t(1)\tSubject to this section, if the relevant authority is satisfied that a person has committed an offence by breaching this Act, the relevant authority may, as an alternative to criminal proceedings, recover, by negotiation or by application to the ERD Court, an amount as a civil penalty in respect of the breach.\n\t(2)\tThe relevant authority may determine whether to initiate proceedings for an offence or take action under this section, having regard to the seriousness of the breach, the previous record of the offender and any other relevant factors.\n\t(3)\tThe relevant authority may not make an application to the ERD Court under this section to recover an amount from a person as a civil penalty in respect of a breach—\n\t(a)\tunless the relevant authority has served on the person a notice in the prescribed form advising the person that the person may, by written notice to the relevant authority, elect to be prosecuted for the breach and the person has been allowed not less than 21 days after service of the relevant authority's notice to make such an election; or\n\t(b)\tif the person serves written notice on the relevant authority, before the making of such an application, that the person elects to be prosecuted for the breach.\n\t(4)\tIn undertaking negotiations to agree a civil penalty, the relevant authority must have regard to the principles and procedures set out in the biodiversity policy relating to the calculation of civil penalties.\n\t(5)\tThe maximum amount that the relevant authority may recover by negotiation as a civil penalty in respect of a breach is the sum of the amount specified by this Act as the criminal penalty in relation to that breach and the amount of any economic benefit acquired by the person, or accrued or accruing to the person, as a result of the breach.\n\t(6)\tIf, on an application by the relevant authority, the ERD Court is satisfied on the balance of probabilities that a person has breached this Act, the ERD Court may order the person to pay to the relevant authority an amount as a civil penalty (but not exceeding the amount specified by this Act as the criminal penalty in relation to that breach).\n\t(7)\tIn determining the amount to be paid by a person as a civil penalty, the ERD Court must have regard to the matters set out in the biodiversity policy relating to the calculation of civil penalties.\n\t(8)\tThe jurisdiction conferred by this section is to be part of the civil jurisdiction of the ERD Court.\n\t(9)\tIf conduct of a person constitutes a breach of 2 or more provisions of this Act or the regulations, an amount may be recovered from the person under this section in relation to the breach of any 1 or more of those provisions (provided that the person is not liable to pay more than 1 amount as a civil penalty in respect of the same conduct).\n\t(10)\tProceedings for an order under this section that a person pay an amount as a civil penalty in relation to a breach of this Act, or for enforcement of such an order, are stayed if criminal proceedings are started or have already been started against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.\n\t(11)\tProceedings referred to in subsection (10) may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person.\n\t(12)\tEvidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—\n\t(a)\tthe person gave the evidence or produced the documents in the course of negotiations or proceedings under this section for the recovery of an amount as a civil penalty in relation to a breach of this Act; and\n\t(b)\tthe conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the breach.\n\t(13)\tHowever, subsection (12) does not apply to criminal proceedings in respect of the making of a false or misleading statement.\n\t(14)\tProceedings for an order under this section may be commenced at any time within 5 years after the date of the alleged breach or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged breach.\n\t(15)\tIn this section—\nrelevant authority means—\n\t(a)\tthe Minister; or\n\t(b)\tif the breach relates to the clearance of native plants or the destruction, damage or disturbance of critical habitat features of critical habitat—the CAC.\nSubdivision 2—Criminal enforcement\n125—Jurisdiction of ERD Court\nOffences constituted by this Act lie within the criminal jurisdiction of the ERD Court.\n126—Applications during or after criminal proceedings\n\t(1)\tIf, during the course of criminal proceedings before a court in respect of an offence against this Act, the prosecutor applies for an order under this Act relating to the offence, the court must deal with the application during the course of the criminal proceedings unless satisfied by the defendant that to do so would not be appropriate in the circumstances.\n\t(2)\tIf an application for an order under this Act is made to a court before which a person was convicted or found guilty of an offence against this Act—\n\t(a)\tthe application may be dealt with by the court; and\n\t(b)\tany power in relation to the relevant order may be exercised by the court,\nwhether or not the court is constituted in the same way as when the person was convicted or found guilty of the offence.\n127—Commencement of proceedings for offence\nProceedings for an offence against this Act may be commenced at any time within 5 years after the date on which the offence is alleged to have been committed or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date on which the offence is alleged to have been committed.\n128—Offences by bodies corporate\nWhere a body corporate is guilty of an offence against this Act, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence.\n129—Sentencing considerations\nIn imposing a penalty for an offence under this Act, the court is to consider any relevant information before the court as to the following matters:\n\t(a)\tthe extent of the harm caused or likely to be caused by the offence;\n\t(b)\tthe sensitivity of the receiving environment or component of biodiversity, including whether it is a threatened species, threatened ecological community, listed ecological entity or critical habitat;\n\t(c)\twhether the harm caused or likely to be caused by the offence impacts on a Culturally Significant Biodiversity Entity (unless that entity is included in a part of the Biodiversity Register that is not made available to the public in accordance with section 177(3) and is not otherwise known by the respondent to be a Culturally Significant Biodiversity Entity) and any impacts to Aboriginal persons;\n\t(d)\twhether the harm caused or likely to be caused by the offence occurs in a designated area;\n\t(e)\tany financial or other benefit that the defendant sought to gain by committing the offence,\nand may consider such other matters as the court thinks fit.\nSubdivision 3—Defences\n130—Application of defences\n\t(1)\tA person charged with an offence against this Act bears the legal onus of proving, on the balance of probabilities, any defence under this Act.\n\t(2)\tIf a statement of fact or opinion in support of a defence is challenged by the prosecution, the court must disregard that fact or opinion unless it is substantiated on oath.\n131—Notice of defences\n\t(1)\tA person who intends to rely on a defence under this Act may only do so if the person gives notice in writing of that intention to the Minister.\n\t(2)\tA notice under subsection (1) must be given—\n\t(a)\tif the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or\n\t(b)\tif the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or\n\t(c)\tin any other case—within 7 days after the person is committed for trial.\n132—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThe regulations may prescribe particular circumstances in which the defence under this section does not apply or is to apply in a modified form.\n133—Acts authorised under legislation\nIt is a defence to a charge of an offence against this Act to prove that the defendant acted—\n\t(a)\tin compliance with a requirement of, or in accordance with a power under, this Act or another Act; or\n\t(b)\tin prescribed circumstances.\n134—Defences in relation to Part 5\n\t(1)\tIt is a defence to a charge of an offence against section 65 in respect of taking a protected animal if the defendant proves that—\n\t(a)\tthe animal had attacked, or was attacking, any person; or\n\t(b)\tsubject to subsection (2), the animal was in dangerous proximity to any person; or\n\t(c)\tthey were acting reasonably in the best interests of the animal as the animal—\n\t(i)\twas suffering from injury, disease or exhaustion; or\n\t(ii)\twas entangled or otherwise incapacitated by material of human origin.\n\t(2)\tThe defence in subsection (1)(b) does not apply if the person in relation to whom the animal was in dangerous proximity was in that proximity deliberately so that the defence could be relied on.\n\t(3)\tIt is a defence to a charge of an offence against section 65 in respect of taking a protected animal or a protected egg where it is alleged the defendant used poison in committing the offence if the defendant proves that—\n\t(a)\tthe defendant used the poison in good faith for the purpose of complying with an obligation under Part 9 of the Landscape South Australia Act 2019 or section 22 of the Dog Fence Act 1946; and\n\t(b)\tthe defendant exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid endangering protected animals by the use of poison.\n\t(4)\tIt is a defence to a charge of an offence against section 65 in respect of interfering with a protected animal if the defendant proves that—\n\t(a)\tthe defendant acted in the best interests of the animal concerned; or\n\t(b)\tthe defendant acted reasonably to frighten the animal in order to protect themself or another person or to protect—\n\t(i)\tproperty comprising plants cultivated for commercial or other purposes or animals; or\n\t(ii)\tproperty of any other kind.\n135—Defence in relation to hunting\nIt is a defence to a charge of an offence against section 166 if the defendant proves that the hunting was for the purpose of—\n\t(a)\tthe destruction of animals (other than protected animals) that are endangering human life; or\n\t(b)\tthe destruction of animals (other than protected animals) by the owner of any land, a member of their household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land; or\n\t(c)\tcomplying with an obligation under Part 9 of the Landscape South Australia Act 2019.\nSubdivision 4—Evidentiary provisions\n136—Interpretation\nIn this Subdivision—\ndefendant includes a respondent in civil proceedings;\nprosecution includes an applicant or plaintiff in civil proceedings.\n137—General evidentiary matters\n\t(1)\tIn proceedings under this Act, an allegation in the application or information—\n\t(a)\tthat a place is, or was at a time specified, a reserve, sanctuary or other conservation area under Part 7 Division 1, wilderness protection area or wilderness protection zone or is situated within a reserve, sanctuary or other conservation area under Part 7 Division 1, wilderness protection area or wilderness protection zone; or\n\t(b)\tthat a person is, or was at a time specified, an authorised officer; or\n\t(c)\tthat a specified act or activity was a regulated act or activity; or\n\t(d)\tthat a plant is or was a native plant; or\n\t(e)\tthat a plant is or was of a specified species; or\n\t(f)\tthat clearance or taking of a native plant was carried out or undertaken by the owner or occupier (or both the owner and occupier) of the land on which the native plant is or was growing or situated; or\n\t(g)\tthat an animal, animal product or egg is or was a protected animal, protected animal product or protected egg (as the case may be); or\n\t(h)\tthat an animal is or was of a specified species; or\n\t(i)\tthat an animal product or egg is or was the product or egg of an animal of a specified species; or\n\t(j)\tthat a specified feature of habitat is or was a critical habitat feature of critical habitat; or\n\t(k)\tthat a specified habitat is or was critical habitat; or\n\t(l)\tthat native plants to which the proceedings relate were not intentionally sown or planted by a person,\nis taken to be proved in the absence of proof to the contrary.\n\t(2)\tIf, in proceedings under this Act, it is proved that the defendant—\n\t(a)\twas found in possession of a plant, it will be presumed, unless the defendant proves to the contrary, that the plant was illegally taken or acquired by the defendant; or\n\t(b)\twas found in possession of an animal, animal product or egg, it will be presumed, unless the defendant proves to the contrary, that the animal, animal product or egg was illegally taken or acquired by the defendant; or\n\t(c)\thad possession of an animal, firearm, taking device, poison or bait capable of being used for the purpose of taking a protected animal or hunting, it will be presumed, unless the defendant proves to the contrary, that the defendant had possession of the animal, firearm, taking device, poison or bait for the purpose of taking a protected animal or for hunting (as the case requires).\n\t(3)\tIn any proceedings under this Act, the onus of proving that an act or activity that is the subject of the proceedings was carried out or undertaken in accordance with the terms of any applicable Schedule, Council guidelines, biodiversity policy or other document under this Act (as the case may be) lies with the defendant.\n\t(4)\tIf in proceedings under this Act, it is proved that the defendant was found in possession or control of a trafficable quantity of protected animals, protected animal products or eggs of a protected animal (whether a protected egg or otherwise) it will be presumed, in the absence of proof to the contrary, that the animals, animal products or eggs (as the case may be) were illegally taken from the wild.\n\t(5)\tIf, in proceedings under this Act, a person seeks to rely on being an Aboriginal person, the onus of proving that they are an Aboriginal person lies on that person.\n\t(6)\tIn proceedings under this Act, the prosecution does not need to prove that the defendant knew or was reckless with respect to the following:\n\t(a)\tin the case of proceedings relating to a plant—the particular species of the plant or that the plant was a native plant or a threatened species (as the case may be);\n\t(b)\tin the case of proceedings relating to an animal—the particular species of the animal or that the animal was a protected animal or threatened species (as the case may be);\n\t(c)\tin the case of proceedings relating to an animal product or egg—the particular species of the animal from which the animal product or egg derives or that the animal from which the animal product or egg derives was a protected animal or threatened species (as the case may be);\n\t(d)\tin the case of proceedings relating to habitat—whether a feature of habitat was a critical habitat feature of critical habitat.\n138—Documents and data\n\t(1)\tIn proceedings under this Act, an apparently genuine document purporting to be a certificate signed by an authorised officer and certifying as to any of the following matters must be accepted as proof of the matter so certified in the absence of proof to the contrary:\n\t(a)\tthat a particular measurement, position or other thing has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or person assisting an authorised officer;\n\t(b)\tthat a remotely sensed image specified in the document—\n\t(i)\twas captured by a specified device and is accurate to the extent indicated in the document; and\n\t(ii)\twas captured at a specified time on a specified date; and\n\t(iii)\tis an image of a specified place.\n\t(2)\tFor the purposes of this section, a reference to an electronic, sonic, optical, mechanical or other device includes a reference to any software used by, or in relation to, such a device.\n\t(3)\tIn proceedings under this Act, an apparently genuine document purporting to be a certificate signed by the Minister and certifying as to any of the following matters must be accepted as proof of the matter so certified in the absence of proof to the contrary:\n\t(a)\ta person had, or had not, been given consent under this Act;\n\t(b)\ta person was, or was not, the holder of a permit or other authorisation under this Act;\n\t(c)\ta designated list contained particular information;\n\t(d)\tan entity was a Culturally Significant Biodiversity Entity.\n\t(4)\tIn proceedings under this Act, an apparently genuine document purporting to be a certificate signed by the Attorney‑General and certifying as to any of the following matters must be accepted as proof of the matter so certified in the absence of proof to the contrary:\n\t(a)\tthat the commencement of proceedings under section 122, 124 or 127 was authorised;\n\t(b)\tthat the Attorney‑General gave consent that a specified offence may be prosecuted as a major indictable offence under section 140(4).\n\t(5)\tIn proceedings under this Act or other legal proceedings, an apparently genuine document appearing to be a copy of a biodiversity agreement or a biodiversity management plan certified by the Minister is to be accepted, in the absence of proof to the contrary, as proof of the agreement or plan and its terms.\n\t(6)\tIn this section—\nimage includes—\n\t(a)\ta copy of an image; and\n\t(b)\tdata from which an image can be produced;\nremotely sensed image includes—\n\t(a)\tan image captured by a device (whether a camera or otherwise) mounted on or in a satellite, craft or other such machine; and\n\t(b)\tany other image declared by the regulations to be included in the ambit of this definition.\n139—Possession\n\t(1)\tFor the purposes of this Act, a person has possession of a plant, animal, animal product, egg, firearm, or any other thing included in the ambit of this section by regulation, if—\n\t(a)\tthe person has physical possession or control of the thing or has the thing in the physical possession or control of another; or\n\t(b)\tthe person has and exercises access to the thing; or\n\t(c)\tthe person controls access to the thing; or\n\t(d)\tthe person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or craft, where the thing is found.\n\t(2)\tHowever, subsection (1)(d) does not apply if the person proves that—\n\t(a)\tthey did not know, and could not reasonably be expected to have known, that the plant, animal, animal product, egg, firearm or other thing was on or in the premises, vehicle, vessel or craft; or\n\t(b)\tthe plant, animal, animal product, egg, firearm or other thing was in the lawful possession of another or they believed on reasonable grounds that the plant, animal, animal product, egg, firearm or other thing was in the lawful possession of another.\nSubdivision 5—General provisions\n140—Classification of offences\n\t(1)\tDespite any other Act or law, but subject to this section, all offences under this Act are classified as minor indictable offences.\n\t(2)\tDespite any other Act or law, an offence under this Act is a summary offence if—\n\t(a)\tthe maximum fine for the offence does not exceed twice a Division 1 fine; and\n\t(b)\tthe maximum term of imprisonment (if any) for the offence does not exceed 2 years.\n\t(3)\tFor the purposes of subsection (2), if a different maximum penalty is specified in relation to an offence depending on whether the offence is committed by an individual or a body corporate, the classification of the offence is to be determined by reference to the maximum penalty applicable if the offence is committed by an individual.\n\t(4)\tAn offence that would, but for the operation of subsection (1), be classified as a major indictable offence may be prosecuted as a major indictable offence with the consent of the Attorney‑General.\n141—Aggregation of offences\n\t(1)\tIf a person has committed multiple offences against Part 5—\n\t(a)\tin relation to different species of protected animals, or animal products or eggs of protected animals of different species, and the offences were committed by the person on the same occasion or within 12 months of each other or in the course of an organised commercial activity relating to the protected animals, protected animal products or eggs of protected animals (as the case may be) carried on by the person; or\n\t(b)\tin relation to the same species of protected animal, or animal products or eggs of protected animals of the same species, on different occasions and the offences were committed by the person within 12 months of each other or in the course of an organised commercial activity relating to the protected animals, protected animal products or eggs of protected animals (as the case may be) carried on by the person,\nthe person may be charged with a single offence against Part 5 in respect of all of the different species, or all of the different occasions, (as the case requires) and, subject to subsection (2), the quantity of the protected animals, protected animal products or eggs of protected animals (as the case may be) concerned for the purposes of that offence is the total quantity of the protected animals, protected animal products or eggs of protected animals (as the case requires) in respect of the different separate offences.\n\t(2)\tIf a person is charged with a single offence against Part 5 and the charge relates to more than 1 kind of species of protected animal, or animal products or eggs of protected animals of more than 1 kind of species, the quantity of the protected animals, protected animal products or eggs of protected animals (as the case may be) for the purposes of the charge is a trafficable quantity if the sum of the fractions obtained by dividing the actual quantity of each kind of species of protected animal, or animal products or eggs of protected animals of each kind of species, by the quantity prescribed in relation to that kind of species for the purposes of the definition of trafficable quantity in section 3 is equal to or greater than 1.\n142—Culturally sensitive information\nOn the hearing of proceedings that involve culturally sensitive information, a court may dispense with any formalities it considers appropriate in order to facilitate the hearing of that information.\n143—Interest\n\t(1)\tInterest accrues on an amount payable under sections 113 and 120 and on unpaid interest under those sections in accordance with the regulations.\n\t(2)\tA person who is liable to pay an amount under the provisions referred to in subsection (1) is also liable to pay interest that accrues, or has accrued, on or in relation to that amount.\n\t(3)\tRegulations referred to in subsection (1) may (without limiting their scope) prescribe the time from which interest accrues.\n144—Sale of land for non‑payment\n\t(1)\tIf an amount payable under this Act, or interest in relation to such an amount, is a first charge on land and has been unpaid for 1 year or more, the Minister may sell the land.\n\t(2)\tBefore the Minister sells land in pursuance of this section, they must serve notice on the owner and occupier of the land—\n\t(a)\tstating the period for which the amount and interest have been unpaid; and\n\t(b)\tstating the amount of the total liability for the amount and interest presently outstanding and charged on the land; and\n\t(c)\tstating that if that amount is not paid in full within 1 month of service of the notice (or such longer time as the Minister may allow), the Minister intends to sell the land for non‑payment of the amount and interest.\n\t(3)\tA copy of a notice must be served on the registered mortgagee or encumbrancee of the land (if any).\n\t(4)\tIf the outstanding amount is not paid in full within the time allowed under subsection (2), the Minister may proceed to sell the land.\n\t(5)\tThe sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Minister may set a reserve price for the purposes of the auction).\n\t(6)\tAn auction under this section must be advertised on at least 2 separate occasions in a newspaper circulating generally throughout the State, and on a website determined by the Minister.\n\t(7)\tIf, before the date of the auction, the outstanding amount and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must withdraw the land from auction.\n\t(8)\tIf—\n\t(a)\tan auction fails; or\n\t(b)\tthe land is held from the Crown under a lease, licence or agreement to purchase,\nthe Minister may sell the land by private contract for the best price that the Minister can reasonably obtain.\n\t(9)\tAny money received by the Minister in respect of the sale of land under this section will be applied as follows:\n\t(a)\tfirstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;\n\t(b)\tsecondly—in discharging the liability for the amount and interest payable under this Act;\n\t(c)\tthirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);\n\t(d)\tfourthly—in discharging any liability to a council for rates or any other liability to a council in respect of the land;\n\t(e)\tfifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;\n\t(f)\tsixthly—in discharging any other mortgages, encumbrances and charges of which the Minister has notice;\n\t(g)\tseventhly—in payment to the former owner of the land.\n\t(10)\tIf the former owner cannot be found after making reasonable inquiries as to their whereabouts, an amount payable to the former owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found.\n\t(11)\tIf land is sold by the Minister in pursuance of this section, an instrument of transfer executed by the Minister will operate to vest title to the land in the purchaser.\n\t(12)\tThe title vested in a purchaser under subsection (11) will be free of—\n\t(a)\tall mortgages and charges; and\n\t(b)\texcept in the case of land held from the Crown under lease or licence—all leases and licences,\n(and the Registrar‑General, when registering or enrolling an instrument of transfer to vest title in the purchaser, must discharge any caveat relating to the land, and may make any note or endorsement, or take any other action in relation to any instrument, certificate, register or record, as the Registrar‑General thinks fit).\n\t(13)\tAn instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar‑General for registration or enrolment, be accompanied by a certificate of the Minister stating that the requirements of this section in relation to the sale of the land have been observed.\n\t(14)\tA reference in this section to land, or title to land, held from the Crown under lease, licence or agreement to purchase, is a reference to the interest of the lessee, licensee or purchaser in the land.\n145—Constitution of ERD Court\nSubject to this Act, the following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act:\n\t(a)\tthe Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Senior Judge of the Court so determines, be constituted of—\n\t(i)\tin relation to proceedings for an offence against this Act—a magistrate and 1 commissioner; or\n\t(ii)\tin any case—a Judge and 1 commissioner;\n\t(b)\tthe provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner, or a magistrate and 1 commissioner, in the same way as in relation to a full bench of the Court;\n\t(c)\tthe Court may not be constituted of or include a commissioner unless—\n\t(i)\tin a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or\n\t(ii)\tin any other case—at least 1 commissioner,\nis a commissioner who has been specifically designated by the Governor as a person who has wide practical knowledge of, and experience in, the preservation and management of biodiversity.\n146—Assessment of costs and expenses\nFor the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Minister in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose.\n147—Vicarious liability\nFor the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.\n148—Statement of officer evidence against body corporate\nIn proceedings for an offence against this Act by a body corporate or proceedings against a body corporate for the payment of an amount as a civil penalty in respect of an alleged breach of this Act, a statement made by an officer of the body corporate is admissible as evidence against the body corporate.\n149—Recovery from related bodies corporate\n\t(a)\tan amount is payable by a body corporate in accordance with this Act or an order of a court made under this Act; and\n\t(b)\tat the time of the breach giving rise to that liability, that body and another body were related bodies corporate,\nthe related bodies corporate are jointly and severally liable to make the payment.\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.\nSubdivision 6—Appeals\n150—Appeal to ERD Court against prescribed order\n\t(1)\tA person to whom a prescribed order has been issued under this Act may appeal to the ERD Court against the order or any variation of the order.\n\t(2)\tSubject to subsection (3), an appeal must be made within 21 days after the order or variation of the order is served.\n\t(3)\tThe ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period referred to in subsection (2).\n\t(4)\tAn appeal under this section must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993.\n\t(5)\tSubject to subsection (6), the making of an appeal to the ERD Court does not affect the operation of an order or any variation of an order to which the appeal relates or prevent the taking of action to implement the order or the order as varied.\n\t(6)\tThe ERD Court, or the person or body that issued the order may, on their own initiative or on application by a party to an appeal, suspend the operation of the order or variation of the order until the determination of an appeal.\n\t(7)\tA suspension under subsection (6) may be made subject to specified conditions, and may be varied or revoked by the ERD Court or by the person or body that granted the suspension at any time.\n\t(8)\tThe ERD Court may, on hearing an appeal, do 1 or more of the following:\n\t(a)\tconfirm, vary or revoke the order or any variation of an order appealed against;\n\t(b)\tremit the subject matter of the appeal to the person or body who issued the order or variation of the order for further consideration;\n\t(c)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain, either temporarily or permanently, from such action or activity as the Court thinks fit;\n\t(d)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n\t(9)\tIn this section—\nprescribed order means a compliance order, reparation order or order to comply with an enforceable voluntary undertaking under section 115.\n151—Appeals to Supreme Court\n\t(1)\tSubject to the rules of the Supreme Court, an appeal lies against—\n\t(a)\tan order of a court made in the exercise of the jurisdiction conferred by Division 4 Subdivision 1 of this Part; or\n\t(b)\ta decision by a court not to make an order under Division 4 Subdivision 1 of this Part,\nto the Supreme Court.\n\t(2)\tAn appeal under this section must be instituted within 60 days of the date of the decision or order subject to appeal, or such longer period as may be allowed by the Supreme Court.\n","sortOrder":17},{"sectionNumber":"Part 9","sectionType":"part","heading":"Permits","content":"Part 9—Permits\n152—Prescribed matters\nWithout limiting section 183, the regulations may—\n\t(a)\tprescribe different classes of permits for the purposes of this Act; and\n\t(b)\tprescribe circumstances in which the Minister must not grant a permit; and\n\t(c)\tprescribe matters that must be taken into account in relation to the grant of, or the conditions to be attached to, particular kinds of permits; and\n\t(d)\tprescribe conditions that must be attached to particular kinds of permits (which may include conditions requiring the payment of a fee or royalty); and\n\t(e)\tcreate offences relating to any acts or activities authorised by a permit or connected to any such acts or activities.\n153—Permits—general matters\n\t(1)\tSubject to this Part, the Minister may grant to any person a permit contemplated by this Act.\n\t(2)\tAn applicant for a permit under this Act—\n\t(a)\tmust make the application in a manner and form determined by the Minister; and\n\t(b)\tmust, subject to any applicable waiver or reduction, pay to the Minister the prescribed fee in respect of the permit at the time of making the application.\n\t(3)\tThe Minister may refuse to grant a permit under any provision of this Act if, in the Minister's opinion—\n\t(a)\tthe applicant is not a fit and proper person to hold the permit; or\n\t(b)\tthe grant of the permit would not be consistent with considerations prescribed by the regulations in relation to such permits or is otherwise not permitted by the regulations; or\n\t(c)\tto grant the permit would be inconsistent with the objects or principles of this Act or is not otherwise in the public interest; or\n\t(d)\tthe applicant should fulfil certain requirements specified by the Minister before the permit is granted and the applicant has not fulfilled those requirements; or\n\t(e)\tthe applicant has previously contravened a requirement of this Act or a repealed Act; or\n\t(f)\tthe applicant has previously contravened a condition, or requirement, of a permit, or has had a permit revoked, under this Act or the former Act.\n\t(4)\tThe Minister may, at any time by notice given to the holder of a permit—\n\t(a)\tvary the permit; or\n\t(b)\tvary or revoke a condition of the permit.\n\t(5)\tA permit—\n\t(a)\tis subject to such limitations, restrictions and conditions as may be required by the regulations or that the Minister thinks fit and includes in the permit; and\n\t(b)\tmay be suspended or revoked by the Minister by notice given to the holder of the permit—\n\t(i)\tif the holder of the permit has, in the opinion of the Minister, contravened any limitation, restriction or condition of the permit; or\n\t(ii)\tif the holder of the permit has contravened this Act or a prescribed law; or\n\t(iii)\tif, in the opinion of the Minister, the holder of the permit is no longer a fit and proper person; or\n\t(iv)\tif, in the opinion of the Minister, it is in the interests of conservation to do so; or\n\t(v)\tin any other circumstances that the Minister considers reasonable.\n\t(6)\tA permit—\n\t(a)\tcomes into operation on the day fixed in the permit for its commencement or, if no such day is fixed, on the day on which it is granted; and\n\t(b)\texpires on the day fixed in, or determined in accordance with, the permit for its expiry or, if no such day is fixed or determinable, on the expiration of 12 months from the day on which it came into operation.\n\t(7)\tThe holder of a permit may surrender the permit to the Minister if the Minister so allows.\n\t(8)\tIf the holder of a permit applies for the reissue of the permit for a successive term and the application is not decided before the expiry of the term of the permit, the permit continues in operation after the expiry until the application for the reissue of the permit is determined, unless the permit is subject to a condition that provides otherwise.\n\t(9)\tA permit granted under a provision of this Act may be assigned to another person only if it is a permit for a prescribed activity or a permit of a prescribed class and the assignment complies with any prescribed conditions.\n\t(10)\tIn this section—\nformer Act means the National Parks and Wildlife Act 1972.\n154—Permits—conditions\n\t(1)\tWithout limiting the conditions on which a permit relating to animals may be granted under this Act, those conditions may—\n\t(a)\tprovide for marking, or otherwise identifying, animals to which the permit relates; and\n\t(b)\trequire the holder of the permit to report the escape, illness or death of any animal to which the permit relates; and\n\t(c)\trequire the holder of the permit to report to the Minister—\n\t(i)\tthe birth of any progeny to any animals to which the permit relates; or\n\t(ii)\tany other matter related to the acts or activities conducted in accordance with the permit.\n\t(2)\tIf the applicant has, in accordance with section 159(1)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the taking of a native plant, the Minister must attach a condition to the permit requiring that the proposed act or activity be achieved.\n\t(3)\tA condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.\n155—Permits—fees\n\t(1)\tThe fees prescribed in respect of permits granted under this Act may exceed the Minister's costs in granting the permits and administering this Act in relation to the permits.\n\t(2)\tA fee payable in respect of the grant of a permit under this Act may be charged as an amount payable on application, or as an amount payable on application but with further amounts payable during the term of the permit (and the requirement to pay such further amounts will be taken to be a condition of the permit).\n\t(3)\tIf—\n\t(a)\ta permit is granted for a term of more than 12 months; and\n\t(b)\tthe Minister allows the holder of the permit to surrender it to the Minister under section 153(7); and\n\t(c)\tthe holder of the permit surrenders the permit 12 months or more before its specified term expires,\na proportionate part of the fee paid for the permit reflecting each complete year of the unexpired term is payable by the Minister to the former holder of the permit.\n156—Permits—provision of information\n\t(1)\tThe holder of a permit under this Act must provide the Minister with such information as is specified in the permit or required by regulation.\n\t(2)\tA person to whom a permit has been granted under this Act must, within the period specified in the permit or, if no period is specified, 28 days after the revocation or expiry of the permit, deliver to the Minister—\n\t(a)\tsuch information as is specified in the permit; or\n\t(b)\ta report in the form determined by the Minister on the matters specified in the permit.\n\t(3)\tA person to whom a permit relating to taking animals has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of animals of each species taken in accordance with the permit.\n\t(4)\tA person to whom a permit relating to taking eggs has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of eggs of each species of animal taken in accordance with the permit.\n\t(5)\tThe holder of a permit issued under this Act must, if any of their personal or contact details change during the term of the permit, give the Minister notice in writing of the new details within 14 days of the change.\n157—Permits—certain areas\n\t(1)\tIf a permit granted under this Act relates to an act or activity that is to be, or may be, undertaken within a River Murray Protection Area, the permit must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.\n\t(2)\tIf an application for a permit under this Act relates to an act or activity that is to be, or may be, undertaken within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Minister must, before making a decision on the application—\n\t(a)\tconsult the Minister responsible for the administration of the River Murray Act 2003; and\n\t(b)\tcomply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister).\n\t(3)\tIf a permit granted under this Act relates to an act or activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary, the permit must be consistent with the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005.\n\t(4)\tIf an application for a permit under this Act relates to an act or activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Minister must, before making a decision on the application, consult with and have regard to the views of the Minister responsible for the administration of the Adelaide Dolphin Sanctuary Act 2005.\n158—Permits for commercial purposes relating to native plants\n\t(1)\tThe Minister may, by notice in the Gazette and on a website determined by the Minister—\n\t(a)\tdeclare that this section applies to, and in relation to, a species of plant; and\n\t(b)\tvary or revoke a declaration referred to in paragraph (a).\n\t(2)\tBefore making a declaration under subsection (1), the Minister must prepare a draft management plan in relation to the following matters:\n\t(a)\tthe effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part;\n\t(b)\tthe need for research in relation to that species;\n\t(c)\tthe identification of plants and plant products;\n\t(d)\tany other matters that should, in the opinion of the Minister, be addressed.\n\t(3)\tThe Minister must, by notice published on a website determined by the Minister—\n\t(a)\tstate the website at which the draft plan is available; and\n\t(b)\tinvite interested persons to provide the Minister with written comments in relation to the draft plan.\n\t(4)\tA draft plan must be made available on a website specified in the notice under subsection (3) for public comment for at least 30 days before adoption by the Minister.\n\t(5)\tBefore adopting the draft plan, the Minister must have regard to any comments received during the period referred to in subsection (4) and may, if the Minister thinks fit, vary the plan to take account of those comments.\n\t(6)\tThe Minister must, by notice in the Gazette—\n\t(a)\tstate that a management plan has been adopted under this section; and\n\t(b)\tstate the website at which the plan is available.\n\t(7)\tA management plan may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section.\n\t(8)\tThe taking and sale of plants of a species to which this section applies for commercial purposes in accordance with a permit under this Act is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit.\n\t(9)\tRestrictions and conditions imposed by regulation must be consistent with the management plan adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned.\n\t(10)\tIf a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken in accordance with the permit were taken.\n159—Permits to take native plant that is critical habitat feature\n\t(1)\tIf the taking of a native plant that is the subject of the application for a permit under this Act relates to a plant that is a critical habitat feature of critical habitat and is, in the opinion of the Minister, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the Minister must not grant the permit unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and—\n\t(a)\tthat the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the Minister is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or\n\t(b)\tthat the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the Minister is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be).\n\t(2)\tFor the purposes of subsection (1), the Minister may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by taking the native plant.\n160—Permits to carry out or undertake regulated acts or activities under Part 5\n\t(1)\tSubject to subsection (2), the Minister may only grant a permit to take a protected animal or a protected egg if—\n\t(a)\tthe Minister is satisfied that it is desirable to grant the permit—\n\t(i)\tto facilitate scientific research; or\n\t(ii)\tto enable the person to place bands, marks or tags on such animals and then to release them; or\n\t(iii)\tto permit the destruction or removal of animals that are causing, or are likely to cause, a safety risk or hazard to humans; or\n\t(iv)\tto permit the destruction or removal of animals that are causing, or are likely to cause, damage to the environment or to crops, stock or other property; or\n\t(v)\tto facilitate the translocation, or captive breeding, of a species to aid in the conservation of the species; or\n\t(vi)\tto enable captive breeding for the purposes of selling, farming or exporting the progeny of that animal; or\n\t(vii)\tto enable relocation of the animal or egg to ensure the animal's or egg's safety and welfare; or\n\t(viii)\tfor any other purpose (other than for sale) that the Minister considers proper and not inconsistent with the objects of this Act; or\n\t(b)\tthe grant of the permit is in accordance with a declaration made under section 69.\n\t(2)\tThe Minister may only grant a permit to take a protected animal or a protected egg within a sanctuary if satisfied that it is in the interests of conserving protected animals to do so.\n\t(3)\tA permit granted by the Minister permitting a person to keep or deal with a protected animal or a protected egg does not apply in relation to a protected animal or protected egg illegally taken or acquired.\n\t(4)\tThe Minister must not grant a permit to export or import a protected animal or a protected egg unless—\n\t(a)\tin the case of a permit granted in respect of export, the Minister is satisfied that the person to whom the permit is granted is lawfully in possession of the protected animal or protected egg; or\n\t(b)\tin the case of a permit granted in respect of import, the Minister is satisfied that the protected animal or protected egg was lawfully acquired in the place of origin.\n\t(5)\tThe Minister may only grant a permit to harvest a protected animal if—\n\t(a)\ta management plan has been adopted by the Minister under section 68 in relation to that species of animal and granting the permit is consistent with that plan; and\n\t(b)\tthe Minister is satisfied that the taking of animals of the species concerned in accordance with the permit and all other permits granted under this Act—\n\t(i)\twill not adversely affect the ecosystems which animals of that species form part or the diversity of the species of animals and plants comprising those ecosystems; and\n\t(ii)\twill not adversely affect the species as a renewable resource for harvesting in the future.\n\t(6)\tA permit granted by the Minister permitting a person to harvest a protected animal does not apply in a reserve unless culling of the protected animal in that reserve is permitted by a declaration of the Minister made under section 43BA of the National Parks Act 1972 and the permit only authorises the harvesting of the animals in accordance with that declaration.\n\t(7)\tWithout limiting the conditions that may be imposed on a permit under this Act, a permit granted by the Minister permitting a person to harvest a protected animal is subject to a condition requiring the holder of the permit to use the methods and observe the procedures set out in the management plan for the killing, the capture and killing and the treatment after capture of animals of the species to which the permit relates.\n\t(8)\tThe Minister must, before determining an application for a permit that relates to, or is to apply in respect of, a fish that is a protected animal, consult with the Minister responsible for the administration of the Fisheries Management Act 2007.\n161—Permits to hunt\nA permit granted by the Minister permitting a person to hunt cannot authorise hunting within the Adelaide Dolphin Sanctuary.\n162—Review by SACAT of certain permits\n\t(1)\tA person who has applied for a permit under this Act in respect of taking a protected animal or a protected egg may apply to SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Minister—\n\t(a)\tto refuse to grant the permit; or\n\t(b)\tto grant the permit subject to limitations, restrictions or conditions; or\n\t(c)\tas to the term of the permit; or\n\t(d)\tto revoke the permit.\n\t(2)\tSACAT is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a decision referred to in subsection (1).\n\t(3)\tSubject to subsection (5), an application must be made within 2 months after the making of the decision that is being reviewed.\n\t(4)\tThe Minister must, if required by the applicant for the review, state in writing the reasons for the decision.\n\t(5)\tIf the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Minister to state the reasons in writing, the time for making an application to SACAT runs from the time at which that person receives the written statement of those reasons.\n\t(6)\tFor the purposes of proceedings before SACAT under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following:\n\t(a)\tthe conservation of animals, plants or other natural resources;\n\t(b)\tthe conservation of ecosystems;\n\t(c)\tthe management of natural resources;\n\t(d)\tprimary production;\n\t(e)\trelevant fields of the biological sciences.\n\t(7)\tIn any proceedings under this section, SACAT may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (6).\nPresident means the President of SACAT appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n163—Contravention of condition etc of permit\nA person must not contravene a condition of, or requirement, restriction or limitation applying in respect of, a permit granted to the person.\n164—Royalty\n\t(1)\tA permit granted under this Act may require the permit holder to pay a royalty on the—\n\t(a)\ttaking, farming or harvesting of a protected animal, protected animal product or protected egg; or\n\t(b)\ttaking of any native plant (or any parts or seeds of a native plant).\n\t(2)\tThe amount of a royalty is to be fixed by fee notice made in accordance with section 183(7) and may vary according to any factor or factors specified in the notice.\n\t(3)\tIf a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all of the things authorised to be taken, farmed or harvested by the permit were so taken, farmed or harvested.\n\t(4)\tIf a person fails to comply with a requirement to pay a royalty in accordance with a permit, the Minister or an authorised officer may seize any protected animals, protected animal products, protected eggs or native plants (or any parts or seeds of a native plant) on which royalty is unpaid.\n\t(5)\tThe Minister may sell any items seized under this section and must pay any proceeds into the Biodiversity Conservation Fund.\n\t(6)\tThe Minister may, by action in any court of competent jurisdiction, recover, as a debt, from any person an amount of royalty for which that person is liable under this Act.\n\t(7)\tSubsection (6) does not derogate from any other remedy available to the Minister for the recovery of royalty.\n165—False representation\nA person must not falsely represent that they are the holder of a permit granted by the Minister under this Act.\n","sortOrder":18},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n166—Offence to hunt without permit\nSubject to this Act, a person must not hunt unless the person holds a permit granted by the Minister under Part 9 authorising the person to hunt.\n167—Hunting by Aboriginal persons\nNothing in section 166 prevents an Aboriginal person from hunting for the purposes of using the hunted animal for a non‑commercial cultural or spiritual practice (which may include using the animal as food in the course of that practice).\nIn hunting in accordance with this section, an Aboriginal person is subject to laws of general application.\n168—Unlawful entry on land\n\t(1)\tA person must not be on any land for the following purposes, unless the owner of that land has given that person permission in writing to be on the land for that purpose:\n\t(a)\ttaking a native plant;\n\t(b)\ttaking a protected animal or a protected egg;\n\t(c)\thunting.\n\t(2)\tIf the owner or occupier of land, or the agent of the owner of the land, suspects that a person is committing, has committed, or is about to commit an offence against this Act on the land, they may request the person—\n\t(a)\tto state their full name and usual place of residence; and\n\t(b)\tto leave the land.\n\t(3)\tA person of whom a request is made under subsection (2) must comply with it as soon as practicable.\n\t(4)\tA person who has been requested to leave land under this section must not re‑enter the land without the permission of the owner.\n169—Restriction on use of certain devices\n\t(1)\tThe Governor may, by proclamation, restrict or prohibit the use of firearms, ammunition or taking devices of a specified class for the taking of specified species of animals or for the taking of animals generally.\n\t(2)\tA person must not contravene a restriction or prohibition imposed under subsection (1).\n170—Noting of conditions or agreements against title to land\n\t(a)\tthe CAC is required to inform the Registrar‑General of conditions imposed under this Act; or\n\t(b)\tthe Minister is required to inform the Registrar‑General of an agreement, a variation or termination of an agreement or the expiration of a term of a agreement under this Act,\nthe CAC or Minister (as the case requires) must—\n\t(c)\tinform the Registrar‑General of the information in writing; and\n\t(d)\tprovide the Registrar‑General with such further information as the Registrar‑General requires to comply with subsection (2).\n\t(2)\tThe Registrar‑General must note the conditions or agreement (as the case may be) against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.\n\t(3)\tThe Registrar‑General must, on the application of the Minister or CAC—\n\t(a)\tin the case of a condition noted in accordance with subsection (2)—after the variation or revocation of the condition; or\n\t(b)\tin the case of an agreement noted in accordance with subsection (2)—after the variation or termination of the agreement, or the expiration of a term of the agreement,\nvary or cancel the relevant note under subsection (2) (but must otherwise ensure that the note is not removed once made).\n171—Minister may sell or dispose of surrendered animal, animal product or egg\nThe Minister may sell, or dispose of as the Minister thinks fit, any protected animal, protected animal product or egg of a protected animal surrendered to the Minister, or an entity prescribed by the regulations for the purposes of Schedule 4 clause 1(a), and must pay any proceeds into the Biodiversity Conservation Fund.\n172—State biodiversity data\n\t(1)\tThe Minister is responsible for compiling, maintaining and updating State biodiversity data and for providing access to such data in accordance with this section.\n\t(2)\tPublic sector agencies must co‑operate in furnishing to the Minister any information or materials determined by the Minister to be State biodiversity data.\n\t(3)\tThe Minister must ensure that public sector agencies and members of the public have appropriate access to State biodiversity data in accordance with any requirements prescribed by the regulations.\n\t(4)\tWithout limiting section 183, the regulations—\n\t(a)\tmay prescribe the kinds of data that will or will not be considered to be State biodiversity data; and\n\t(b)\tmay require persons or bodies referred to in the regulations to provide the Minister with State biodiversity data that is in their possession; and\n\t(c)\tmay specify the kind or kinds of State biodiversity data to which subsection (2) applies; and\n\t(d)\tmay prescribe requirements relating to access to State biodiversity data for the purposes of subsection (3); and\n\t(e)\tmust prescribe purposes for which State biodiversity data may be restricted from access (the prescribed purposes); and\n\t(f)\tmay prescribe payment of a prescribed fee for access to State biodiversity data where fair and reasonable cost recovery is warranted; and\n\t(g)\tmay set standards and requirements relating to how State biodiversity data is managed, used and shared; and\n\t(h)\tmay prescribe the form in which the Minister can accept State biodiversity data.\n\t(5)\tIf a person or body has been required to provide data in accordance with a regulation under subsection (4)(b), the person or body may request that the Minister not make the data publicly available and must, in the request, identify the prescribed purpose that they are relying on as the basis for their request.\n\t(6)\tIf a person or body has made a request under subsection (5), the Minister may, if the Minister considers that there is good reason to do so after considering the request and the prescribed purposes—\n\t(a)\tnot make the data publicly available; or\n\t(b)\tnot disclose the data to another person.\n\t(7)\tIn this section—\ndata has the same meaning as in the Public Sector (Data Sharing) Act 2016;\nState biodiversity data means data relating to biodiversity in the State including specimens and observation records (whether collected or made before or after the commencement of this Act).\n173—State Biodiversity Plan\n\t(1)\tThe Minister must prepare, publish and maintain a State Biodiversity Plan.\n\t(2)\tThe first State Biodiversity Plan must be prepared and published within 2 years of the day on which section 2 of this Act comes into operation.\n\t(3)\tThe Minister must ensure that the State Biodiversity Plan is reviewed and updated at least once every 5 years and that a report on the review is published.\n\t(4)\tThe State Biodiversity Plan must—\n\t(a)\tset out principles, policies and strategic directions for achieving the objects of this Act; and\n\t(b)\tidentify priorities for the conservation, restoration, enhancement and recovery of biodiversity having regard for future climate scenarios; and\n\t(c)\tas far as practicable, represent the priorities referred to in paragraph (b) spatially; and\n\t(d)\tset measurable targets and set expectations for monitoring and evaluating the state and condition of biodiversity in the State; and\n\t(e)\tidentify State‑wide biodiversity indicators; and\n\t(f)\tinclude or address any other matter required by this Act, prescribed by the regulations or determined by the Minister.\n\t(5)\tIn preparing or reviewing the State Biodiversity Plan, the Minister must—\n\t(a)\thave regard to any threatened species, threatened ecological communities, listed ecological entities, Culturally Significant Biodiversity Entities, critical habitat and key threatening processes; and\n\t(b)\tseek the advice of the Council, CAC, ABC and Scientific Committee in the manner determined by the Minister; and\n\t(c)\tundertake public consultation in the manner the Minister considers appropriate and such other consultation as may be prescribed by the regulations for the purposes of this paragraph; and\n\t(d)\tcomply with any other requirement of this Act or prescribed by the regulations.\n\t(6)\tThe Minister must prepare and publish regular reports on the implementation of the State Biodiversity Plan, including an evaluation of progress towards targets set by the Plan.\n\t(7)\tPublic sector agencies must co‑operate in furnishing to the Minister any information required by the Minister for the purposes of this section.\n\t(8)\tMaterial required to be published under this section may be published on the Biodiversity Register.\n\t(9)\tWithout limiting section 183, the regulations may prescribe the following:\n\t(a)\trequirements for the preparation, review and amendment of the State Biodiversity Plan;\n\t(b)\tany additional matters to be addressed by the State Biodiversity Plan;\n\t(c)\trequirements for consultation in respect of preparing, reviewing or amending the State Biodiversity Plan;\n\t(d)\trequirements relating to reporting and evaluation for the purposes of subsection (6).\n174—Council guidelines\n\t(1)\tThe Council may prepare and adopt guidelines in relation to the following:\n\t(a)\tthe clearance or taking of native plants;\n\t(b)\tdamaging, destroying or disturbing critical habitat features of critical habitat;\n\t(c)\tany other matter required by this Act or the regulations.\n\t(2)\tWithout limiting subsection (1), the Council must prepare and adopt guidelines in relation to the following:\n\t(a)\tapplications for consent to clear native plants;\n\t(b)\tdecision‑making in relation to consent to clear native plants;\n\t(c)\tthe application of the mitigation hierarchy;\n\t(d)\tclearance of native plants that is seriously at variance with the principles of preservation of native plants;\n\t(e)\tassessing the potential cumulative impact that is reasonably likely to result from a proposed clearance for the purposes of section 50(1)(c);\n\t(f)\tcategorising levels of clearance;\n\t(g)\tfinancial and other assistance provided by the Council under section 99;\n\t(h)\tany guidelines required under Schedule 2;\n\t(i)\tany other matter required by this Act or the regulations.\n\t(3)\tGuidelines prepared and adopted under this section may relate to 1 or more matters referred to in subsection (2).\n\t(4)\tGuidelines prepared and adopted under this section may refer to, apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by an entity referred to in the guidelines.\n\t(5)\tGuidelines may apply generally or in relation to a specified entity or sector.\n\t(6)\tSubject to subsection (7), in preparing and adopting guidelines for the purposes of this section, the Council must—\n\t(a)\tprepare draft guidelines; and\n\t(b)\tundertake consultation on the draft guidelines for a period of at least 30 days that includes—\n\t(i)\tpublic consultation on the draft guidelines in the manner the Minister considers appropriate; and\n\t(ii)\tnotifying and inviting comment on the draft guidelines from the following entities:\n\t(A)\tthe Minister;\n\t(B)\tPrimary Producers SA Incorporated;\n\t(C)\tthe Conservation Council of South Australia Incorporated;\n\t(D)\tthe Local Government Association of South Australia;\n\t(E)\tif the draft guidelines relate to pastoral land, the Pastoral Board;\n\t(F)\tif the draft guidelines relate to land within the Murray‑Darling Basin, the Minister responsible for the administration of the River Murray Act 2003;\n\t(G)\tif the draft guidelines relate to mineral exploration, the Minister responsible for the administration of the Mining Act 1971;\n\t(H)\tany other entity prescribed by the regulations for the purposes of this subparagraph; and\n\t(c)\thave regard to any submissions received during consultation; and\n\t(d)\tif, following the period of consultation, the Council considers that the guidelines should be adopted (with or without amendment) the Council must adopt the guidelines (with any amendments incorporated).\n\t(7)\tIn preparing and adopting guidelines that refer to, apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by an entity referred to in the guidelines (the relevant entity), the Council—\n\t(a)\tmust consult with the relevant entity, the Minister and any other entity that the Council considers appropriate; and\n\t(b)\tneed not undertake the consultation set out in subsection (6)(b).\n\t(8)\tFollowing adoption of the guidelines, the Council must cause the guidelines to be published on the Biodiversity Register.\n\t(9)\tSubject to subsection (10), the Council may, by following the procedures required by this section for the preparation and adoption of guidelines, vary guidelines adopted under this section as if the variation to guidelines is a new set of guidelines.\n\t(10)\tThe Council need not follow the procedures required by this section to vary guidelines adopted under this section if the variations to the guidelines constitute minor amendments.\n\t(11)\tGuidelines prepared and adopted under this section that have substantially the same subject matter as guidelines previously adopted under this section may revoke those previous guidelines.\n\t(12)\tIn this section—\nminor amendment, in relation to varying guidelines adopted under this section, means an amendment that does not alter the general meaning, scope, purpose or intent of the guidelines.\n175—Biodiversity policies\n\t(1)\tThe Minister may make biodiversity policies for the purposes of this Act (other than policies relating to the matters referred to in subsection (5)).\n\t(2)\tA designated entity may only make a biodiversity policy if satisfied that the provisions of the policy are consistent with the objects and principles of this Act.\n\t(3)\tWithout limiting the matters that may be set out in a biodiversity policy, a biodiversity policy may—\n\t(a)\tset out matters to be taken into account in determining matters under this Act, including in relation to measures that may be reasonable and practicable measures for the purposes of the general duty, or what constitutes harm to biodiversity; or\n\t(b)\tset out requirements, standards, goals or guidelines.\n\t(4)\tWithout limiting the generality of subsection (1), the Minister must make a biodiversity policy relating to each of the following:\n\t(a)\tthe consideration and application of Aboriginal knowledges;\n\t(b)\tthe identification, approval and management of Culturally Significant Biodiversity Entities;\n\t(c)\tdetermining the eligibility of habitat to be critical habitat;\n\t(d)\tbiodiversity agreements;\n\t(e)\tthe calculation of civil penalties;\n\t(f)\tthe approach to be taken to compliance and enforcement;\n\t(g)\tcultural burning of native plants undertaken by Aboriginal persons.\n\t(5)\tThe Council must make a biodiversity policy relating to each of the following:\n\t(a)\tsignificant environmental benefits (the SEB policy);\n\t(b)\tenvironmental benefit credits.\n\t(6)\tWithout limiting the content of the SEB policy, that policy must—\n\t(a)\tprovide that a significant environmental benefit may be achieved by—\n\t(i)\tmeasures, actions or requirements taken, undertaken or complied with, or to be taken, undertaken or complied with, by a person; or\n\t(ii)\tapplication of the value of an environmental benefit credit granted to a person under section 59 or assigned to a person under section 60; and\n\t(b)\tset out additional requirements in respect of significant environmental benefits that apply in relation to clearance of native plants that is seriously at variance with the principles of preservation of native plants; and\n\t(c)\tset out how the part of the Biodiversity Restoration Fund that constitutes payments made in lieu of a requirement to achieve a significant environmental benefit will be applied.\n\t(7)\tA biodiversity policy may apply, adopt or incorporate, with or without modification, any code, standard or other document prepared, published or approved by a body or authority referred to in the policy as in force from time to time or as in force at a specified time.\n\t(8)\tBefore making a biodiversity policy referred to in subsection (4)(a), (b) or (g), the Minister must seek advice on the policy from the ABC and comply with any requirements prescribed by the regulations.\n\t(9)\tBefore making the SEB policy, the Council must refer the proposed policy to the Minister and take into account any advice provided by the Minister.\n\t(10)\tThe process for making a biodiversity policy is as follows:\n\t(a)\tthe designated entity must prepare a proposed biodiversity policy;\n\t(b)\tthe designated entity must undertake consultation on the proposed biodiversity policy for a period of at least 30 days that includes—\n\t(i)\tpublic consultation on the proposed biodiversity policy in the manner the designated entity considers appropriate; and\n\t(ii)\tconsultation on the proposed biodiversity policy with any prescribed entities in the manner the designated entity considers appropriate;\n\t(c)\tthe designated entity must have regard to any submissions received during the consultation period;\n\t(d)\tif, following consultation, the designated entity considers that the biodiversity policy (whether as proposed or incorporating changes arising from consultation) should be made, the designated entity must make the biodiversity policy by publishing it, or causing it to be published, on the Biodiversity Register.\n\t(11)\tSubject to subsection (12), a designated entity may, by following the process set out in subsection (10), vary a policy made by the designated entity under this section as if the variation to the policy is a new policy.\n\t(12)\tA designated entity need not follow the process set out in subsection (10) to vary a policy made under this section if the variations to the policy constitute minor amendments.\n\t(13)\tThe regulations may prescribe additional matters relating to the making or varying of a biodiversity policy.\n\t(14)\tA designated entity may revoke a biodiversity policy made by the designated entity in accordance with any processes prescribed by the regulations.\n\t(15)\tIn this section—\ndesignated entity means—\n\t(a)\tin relation to a policy referred to in subsection (5)—the Council; or\n\t(b)\tin any other case—the Minister;\nminor amendment, in relation to varying a policy made under this section, means an amendment that does not alter the general meaning, scope, purpose or intent of the policy.\n176—Biodiversity management plans\n\t(1)\tA biodiversity management plan required for the purposes of this Act must be prepared in a manner and form approved by the CAC and may contain such provisions as the CAC thinks fit, including (without limiting the generality of this subsection) provisions relating to—\n\t(a)\tthe planting and nurturing of specified native plants, or native plants of a specified class, on specified land; and\n\t(b)\tproposed acts or activities to manage, minimise or avoid negative impacts on biodiversity; and\n\t(c)\tthe management, control and destruction of introduced animal species and plants that are not native plants; and\n\t(d)\tthe management and control of native animal and native plant species; and\n\t(e)\terecting, improving and maintaining fences or other barriers; and\n\t(f)\tthe exclusion of livestock and other animals from access to native plants; and\n\t(g)\tthe monitoring and auditing of native plants and biodiversity; and\n\t(h)\tthe reporting or provision of specified information; and\n\t(i)\tthe review or variation of the plan,\nand may specify the period for or within which specified measures, actions or requirements are to be taken, undertaken or complied with.\n\t(2)\tA biodiversity management plan required for the purposes of this Act must be approved by the CAC.\n\t(3)\tThe CAC may, in considering whether to approve a biodiversity management plan for the purposes of Schedule 2 clause 28, 29(2) or 30(1), seek and consider the advice of the regional landscape board for the landscape management region in which the relevant land is situated.\n\t(4)\tIf, in considering whether to approve a biodiversity management plan for the purposes of Schedule 2 clause 28, 29(2) or 30(1), the CAC is of the opinion that the clearance or taking would be likely to result in residual significant adverse impacts despite the application of the Council guidelines or biodiversity management plan (or both), the plan must not be approved.\n\t(5)\tIn approving a biodiversity management plan, the CAC may take into account any relevant matters, including the following:\n\t(a)\tin relation to a biodiversity management plan required as a condition of a consent for clearance—whether the provisions of the plan are considered satisfactory to achieve or facilitate the achievement of the required condition;\n\t(b)\tin relation to a biodiversity management plan required in relation to achieving a significant environmental benefit—whether the provisions of the plan are considered satisfactory to achieve or facilitate the achievement of the significant environmental benefit in accordance with the SEB policy;\n\t(c)\tin relation to a biodiversity management plan required in relation to an environmental benefit credit—whether the provisions of the plan are considered satisfactory to achieve or facilitate the achievement of the environmental benefit;\n\t(d)\tin relation to a biodiversity management plan required by a biodiversity agreement—whether the provisions of the plan are considered satisfactory to achieve or facilitate the achievement of the desired outcome of the biodiversity agreement;\n\t(e)\tin relation to an act or activity specified in Schedule 2 clause 28 for the conservation, restoration or enhancement of biodiversity—whether the provisions of the biodiversity management plan are considered satisfactory to achieve the proposed conservation, restoration or enhancement objectives;\n\t(f)\tin relation to an act or activity specified in Schedule 2 clause 29 relating to grazing practices—whether the provisions of the biodiversity management plan are considered satisfactory to ensure there will not be permanent degradation of the land;\n\t(g)\tin relation to an act or activity specified in Schedule 2 clause 30 for the maintenance of existing agriculture, forestry or farming—whether the provisions of the biodiversity management plan are considered satisfactory to ensure there will not be permanent degradation or loss of native plants.\n177—Biodiversity Register\n\t(1)\tThe Minister must establish and maintain a website for the purposes of this Act (the Biodiversity Register).\n\t(2)\tThe Biodiversity Register will include the following:\n\t(a)\tthe following information in respect of applications received by the CAC for consent to clear native plants under Part 4 and for consent to destroy, damage or disturb critical habitat features of critical habitat under Part 6:\n\t(i)\tthe date on which the application was received by the CAC;\n\t(ii)\ta description of the application;\n\t(iii)\tthe location and a description of the land to which the application relates;\n\t(iv)\twhen it is made, the decision made by the CAC in relation to the application;\n\t(v)\tany other information required by the regulations;\n\t(b)\tprescribed information in relation to clearances in respect of which the CAC must be notified under Schedule 2;\n\t(c)\tthe following matters relating to environmental benefit credits under Part 4 Division 4:\n\t(i)\teach credit under section 59;\n\t(ii)\teach assignment of credit under section 60;\n\t(d)\tbiodiversity agreements;\n\t(e)\teach prescribed area of land;\n\t(f)\teach Culturally Significant Biodiversity Entity;\n\t(g)\tany management plans adopted under section 68;\n\t(h)\tthe threatened species list;\n\t(i)\tthe threatened ecological communities list;\n\t(j)\tan ecological entities list established and maintained under section 72;\n\t(k)\tan action plan made under section 79;\n\t(l)\ta threat abatement plan made under section 81;\n\t(m)\thabitat declared to be critical habitat under section 84;\n\t(n)\trecords of compliance orders and reparation orders issued under this Act;\n\t(o)\trecords of proceedings under this Act in respect of enforcement and any decision, order or determination of a court in such proceedings;\n\t(p)\tenforceable voluntary undertakings accepted by the Minister under section 115;\n\t(q)\tany management plans adopted under section 158;\n\t(r)\ta record of any notice in the Gazette required by or under this Act;\n\t(s)\tCouncil guidelines;\n\t(t)\tbiodiversity policies;\n\t(u)\tany other document or matter required by this Act to be published on the register or prescribed by the regulations,\nin such form and containing such information as the Minister thinks fit or as prescribed by the regulations.\n\t(3)\tThe Minister is not required to make available to the public any part of the register that, in the opinion of the Minister, should be kept confidential for cultural, safety or security reasons.\n\t(4)\tThe Minister may also establish or authorise arrangements that restrict or prohibit access to the register (or a part of the register) to protect information that, in the opinion of the Minister, is commercially sensitive or should be protected for some other reasonable cause.\n\t(5)\tNo fee may be imposed for access to the register but the Minister may fix fees for the supply of copies of the register or for extracts from the register.\n\t(6)\tInformation on the register may be made available on conditions determined or approved by the Minister.\n\t(7)\tThe regulations may prescribe the person responsible for providing information to be included in the register and the form in, and time within, which information is to be provided.\n\t(8)\tThe Biodiversity Register is to maintain (insofar as is reasonably practicable) historical as well as current versions of documents, instruments or materials required to be published on the Biodiversity Register.\n\t(9)\tIn this section—\nprescribed area of land means any of the following:\n\t(a)\ta sanctuary or other conservation area under Part 7 Division 1;\n\t(b)\tland that is subject to a biodiversity agreement;\n\t(c)\ta reserve;\n\t(d)\ta wilderness protection area;\n\t(e)\ta wilderness protection zone;\n\t(f)\ta marine park;\n\t(g)\tthe Arkaroola Protection Area under the Arkaroola Protection Act 2012;\n\t(h)\tland subject to a management agreement under the Landscape South Australia Act 2019;\n\t(i)\tan aquatic reserve under the Fisheries Management Act 2007;\n\t(j)\ta native forest reserve under the Forestry Act 1950;\n\t(k)\tany other land prescribed by the regulations for the purposes of this definition.\n178—False and misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under this Act.\n179—Service of notices etc\nA notice or other document required or authorised by this Act to be given to a person may be served—\n\t(a)\tby personal service on the person or an agent of the person; or\n\t(b)\tby leaving it for the person at their place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby sending it by post to the person or an agent of the person to the person's or agent's last known address; or\n\t(d)\tby email to the person's email address (in which case the document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the whereabouts of the person is unknown—by affixing it in a prominent position on the land to which it relates or publishing a copy of it on a website determined by the Minister; or\n\t(f)\tin any other manner prescribed by the regulations.\n180—Concurrence under Planning, Development and Infrastructure Act\n\t(1)\tIf a request is made for the Minister's concurrence under section 73 of the Planning, Development and Infrastructure Act 2016, the Minister must, in determining whether to grant concurrence (whether subject to conditions or otherwise), have regard to, and seek to further, the objects and principles of this Act and act consistently with the State Biodiversity Plan.\n\t(2)\tThe Minister must determine whether to grant concurrence under section 73 of the Planning, Development and Infrastructure Act 2016 within the prescribed period.\n181—Reports of public sector agencies\n\t(1)\tAn annual report that is required to be prepared by a public sector agency must, to the extent that it is relevant to the operations or activities of the agency, include a report on the manner in which the agency is addressing matters relating to biodiversity conservation, restoration and enhancement.\n\t(2)\tIn preparing a report under this section, a public sector agency must have regard to any prescribed matter and any biodiversity policy made for the purposes of this section.\n182—Waiver etc of fees\nThe Minister may waive, reduce or remit a fee imposed under this Act if the Minister considers it appropriate to do so.\n183—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may, for example—\n\t(a)\tprovide for the exemption (whether conditional or unconditional) of any class of person, animal, plant, thing, location or circumstance, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tmake provision in respect of regulated acts or activities under Part 4 and Part 5; and\n\t(c)\tprescribe requirements in relation to the process for making listing decisions under Part 6, including setting timeframes in respect of the process; and\n\t(d)\tregulate hunting; and\n\t(e)\tmake any other provision that may, in the opinion of the Governor, provide for the conservation, restoration and enhancement of biodiversity; and\n\t(f)\tfix fines, not exceeding $50 000, for offences against the regulations; and\n\t(g)\tfix expiation fees, not exceeding $1 500, for offences against this Act or the regulations; and\n\t(h)\tinclude evidentiary provisions to facilitate proof of breaches of this Act or the regulations for the purposes of proceedings under this Act.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified entity; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified entity.\n\t(4)\tA provision of a regulation made under subsection (3)(c) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(6)\tThe regulations may amend Schedule 2 to Schedule 4 (inclusive).\n\t(7)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(8)\tA fee notice may prescribe a fee by specifying an amount or by setting out the manner in which the fee amount is to be calculated.\n\t(9)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be published on a website determined by the Minister; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n184—Review of Act\n\t(1)\tThe Minister must—\n\t(a)\tas soon as practicable after the expiry of 5 years from the commencement of this section; and\n\t(b)\tat further times required by the Minister (provided that a review is commenced within 10 years after the Minister receives the report on the last review),\nappoint an independent person who has, in the opinion of the Minister, extensive knowledge, skills and experience in relation to the management of biodiversity, to conduct a review of the operation and effectiveness of this Act since that commencement or since the last review (as the case requires).\n\t(2)\tA report on a review under this section must be submitted to the Minister within 6 months of the commencement of the review.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament and publish the report on a website determined by the Minister.\n","sortOrder":19},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Regulated clearance area","content":"Schedule 1—Regulated clearance area\n1—Regulated clearance area\n\t(1)\tThe regulated clearance area will be defined in a plan or plans deposited in the GRO and identified by the Minister by notice in the Gazette.\n\t(2)\tThe plan or plans deposited under subclause (1) must define the regulated clearance area so that it constitutes the area to which the Native Vegetation Act 1991 applies at the time the plan is, or plans are, deposited.\n\t(3)\tPlans deposited under subclause (1) will be known as the Regulated Clearance Area Plan.\n\t(4)\tThe Minister must ensure that a copy of the Regulated Clearance Area Plan is published on the Biodiversity Register.\n\t(5)\tThe Minister may, by instrument deposited in the GRO and notice in the Gazette, vary the Regulated Clearance Area Plan.\n\t(6)\tBefore varying the Regulated Clearance Area Plan, the Minister must undertake public consultation on the proposed variation in the manner the Minister considers appropriate for a period of at least 30 days.\n\t(7)\tAn instrument referred to in subclause (5) only has effect in accordance with the notice in the Gazette referred to in that subclause.\n\t(8)\tA notice referred to in subclause (5) must operate so that the instrument referred to in that subclause takes effect at least 4 months after the notice is made.\n\t(9)\tSections 10 (other than subsection (1)) and 10A of the Legislative Instruments Act 1978 apply in relation to a notice referred to in subclause (5) (and a reference in those provisions to a regulation will be taken to be a reference to such a notice).\n\t(10)\tIf the Minister deposits an instrument in the GRO under subclause (5), the Minister must give notice of that fact on a website determined by the Minister within a reasonable time after the instrument is deposited.\n","sortOrder":20},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Native plants—regulated acts or activities exclusions","content":"Schedule 2—Native plants—regulated acts or activities exclusions\n1—Interpretation\nIn this Schedule—\napproved form means a form approved by the CAC;\nbushfire management plan means—\n\t(a)\ta plan prepared by a bushfire management committee for its bushfire management area as required under sections 73 and 73A of the Fire and Emergency Services Act 2005; or\n\t(b)\ta plan for reducing the risk of bushfires approved by the CAC or developed in accordance with Council guidelines;\ncommercial forest means a forest plantation where the forest vegetation is grown or maintained so that it can be harvested or used for commercial purposes;\nCultana Training Area means the area declared to be the Cultana Training Area from time to time under the Defence Regulation 2016 of the Commonwealth;\ndesignated Act means—\n\t(a)\tthe Energy Resources Act 2000; or\n\t(b)\tthe Mining Act 1971; or\n\t(c)\tthe Offshore Minerals Act 2000; or\n\t(d)\tthe Opal Mining Act 1995; or\n\t(e)\tthe Roxby Downs (Indenture Ratification) Act 1982;\ndwelling means a prescribed building or part of a prescribed building used as a self‑contained residence;\nfarm forest means an area of private land on which the cultivation and management of native plants (whether for commercial or non‑commercial purposes) is integrated with other activities and includes timber plantations, planted timber belts (including planted windbreaks), planted woodlots and wide‑spaced tree plantings;\nfence means a fence consisting of posts and wire fixed permanently to land and designed for the purposes of controlling access by people or the movement of animals;\nfire access track means a track constructed for use by vehicles undertaking firefighting activities;\nfirefighting has the same meaning as in the Fire and Emergency Services Act 2005;\nforest vegetation means trees and other forms of forest vegetation including—\n\t(a)\troots or other parts of the trees or other forest vegetation that lie beneath the soil; and\n\t(b)\tleaves, branches or other parts or products of trees or other forest vegetation;\ninfrastructure includes social infrastructure;\nplant health expert means a person holding a prescribed qualification;\nprivate mine means land declared under the Mining Act 1971 to be a private mine;\nrelevant Chief Officer means—\n\t(a)\tif the relevant land is in a fire district established for the purposes of SAMFS—the Chief Officer of SAMFS; or\n\t(b)\tin any other case—the Chief Officer of SACFS;\nrepealed regulations means the Native Vegetation Regulations 2003 or the Native Vegetation Regulations 2017;\nRiver Murray Floodplain Area means the River Murray Protection Area so designated under regulation 4 of the River Murray Regulations 2017;\nrural council has the same meaning as in the Fire and Emergency Services Act 2005;\nSACFS means the South Australian Country Fire Service;\nSAMFS means the South Australian Metropolitan Fire Service;\nSASES means the South Australian State Emergency Service;\nsocial infrastructure means buildings or areas that facilitate the delivery of social services;\nsocial services include health services, disability services, aged care, childcare, education, justice and emergency services, arts and culture, sport and recreation, social housing and any other service provided for community benefit.\n2—Operation of Schedule\n\t(1)\tThe acts and activities set out in Part 2 to Part 4 of this Schedule are specified as not being regulated acts or activities for the purposes of section 42(2).\n\t(2)\tA person carrying out or undertaking, or intending to carry out or undertake, an act or activity set out in this Schedule must comply with any applicable Council guidelines.\n\t(3)\tA person clearing, or intending to clear, native plants in circumstances set out in this Schedule must—\n\t(a)\thave applied the mitigation hierarchy in accordance with Council guidelines adopted for that purpose; and\n\t(b)\tif the CAC must be notified of the proposed clearance—include in the notification an explanation of how the person has applied the mitigation hierarchy.\n\t(4)\tThe operation of this Schedule extends to native plants that—\n\t(a)\tare growing or situated on land that is subject to a biodiversity agreement unless a clause in this Schedule specifies that it does not apply to such plants; or\n\t(b)\tare growing or situated on land within a conservation area established under section 97 unless a clause in this Schedule specifies that it does not apply to such plants.\nPart 2—Clearance or taking of native plants\nDivision 1—Intentionally sown or planted native plants\n3—Intentionally sown or planted native plants\nClearance or taking of a native plant that was intentionally sown or planted by a person unless the plant—\n\t(a)\twas sown or planted—\n\t(i)\tin compliance with a condition imposed by the CAC under this Act or by the Native Vegetation Council or the Native Vegetation Authority under a repealed Act, or with the order of a court under this Act or a repealed Act; or\n\t(ii)\tin accordance with a proposal approved by the Native Vegetation Council under Part 4 Division 2 of the repealed Native Vegetation Act 1991; or\n\t(iii)\ton land that is subject to a biodiversity agreement; or\n\t(iv)\tin circumstances involving the use of money paid into the Biodiversity Restoration Fund in relation to a requirement to achieve a significant environmental benefit; or\n\t(v)\tin compliance with a condition imposed by a Minister, statutory authority or prescribed person or body under—\n\t(A)\tthe River Murray Act 2003; or\n\t(B)\tthe Water Resources Act 1997; or\n\t(C)\tthe Natural Resources Management Act 2004; or\n\t(D)\tthe Landscape South Australia Act 2019; or\n\t(E)\tany other Act prescribed by the regulations for the purposes of this paragraph; or\n\t(b)\tis more than 20 years old and is not—\n\t(i)\tgrowing in a commercial forest, farm forest or domestic garden; or\n\t(ii)\tgrowing for the purposes of commercial floriculture; or\n\t(c)\tis growing or situated on public land.\nDivision 2—Maintaining existing developments and infrastructure\n4—Native plants within 3 m of prescribed building\n\t(1)\tClearance or taking of native plants that are growing or situated within 3 m of an existing prescribed building that is on the same land as the land on which the native plants are growing or situated.\n\t(a)\tnative plants that are growing or situated on land within the River Murray Floodplain Area unless the clearance or taking—\n\t(i)\tinvolves the limb of a plant that is overhanging a prescribed building; and\n\t(ii)\tis confined to removing the limb (or a part of the limb to any point up to the trunk of the plant); or\n\t(b)\tclearance or taking of native plants undertaken in connection with subdivision of the land on which the plants are growing or situated.\n5—Maintenance of infrastructure\nClearance or taking of native plants if the clearance or taking is incidental to the repair or maintenance of infrastructure and—\n\t(a)\tthe native plants to be cleared or taken—\n\t(i)\tare located in the vicinity of the infrastructure that is being repaired or maintained—\n\t(A)\tin the case of clearance—in an area in which native plants were previously lawfully cleared in connection with the construction, repair or maintenance of the infrastructure; or\n\t(B)\tin the case of taking—in an area in which native plants were previously lawfully cleared or taken in connection with the construction, repair or maintenance of the infrastructure; and\n\t(ii)\tconsist only of native plants or parts of native plants that have grown or regrown since that earlier clearance or taking; or\n\t(b)\tthe clearance or taking is undertaken in accordance with Council guidelines relating to clearance or taking of that kind.\n6—Maintenance of dam\n\t(a)\tthe clearance or taking is incidental to the repair or maintenance of an existing dam; and\n\t(b)\tthe native plants to be cleared or taken—\n\t(i)\tare located in the vicinity of the dam—\n\t(A)\tin the case of clearance—in an area in which native plants were previously lawfully cleared in connection with the construction, repair or maintenance of the dam; or\n\t(B)\tin the case of taking—in an area in which native plants were previously lawfully cleared or taken in connection with the construction, repair or maintenance of the dam; and\n\t(ii)\tconsist only of native plants or parts of native plants that have grown or regrown since that earlier clearance or taking.\n\t(2)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n7—Clearance or taking under Electricity Act 1996\nClearance or taking of native plants—\n\t(a)\tundertaken as part of a duty under Part 5 of the Electricity Act 1996; or\n\t(b)\tincidental to any repair or maintenance work undertaken by an electricity entity within the meaning of the Electricity Act 1996.\n8—Roadside or rail corridor plant management\n\t(1)\tClearance or taking of native plants growing or situated on land comprising a road reserve, rail corridor, rail reserve or railway crossing undertaken by or on behalf of the person with the control and management of the land for the purposes of—\n\t(a)\tensuring the safety of persons entering or passing the land or of property on the land; or\n\t(b)\tcontrolling pests on the land,\nif the clearance or taking is undertaken in accordance with Council guidelines relating to clearance or taking of that kind.\n\t(2)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\nDivision 3—New developments and infrastructure\n9—Impact assessed development\n\t(1)\tClearance or taking of native plants that is incidental to a proposed development to which Part 7 Division 2 Subdivision 4 of the Planning, Development and Infrastructure Act 2016 applies if—\n\t(a)\tan EIS and an Assessment Report relating to the development have been prepared under the Planning, Development and Infrastructure Act 2016; and\n\t(b)\tthe Planning Minister referred the EIS to the CAC for comment and report and—\n\t(i)\tthe CAC provided comments that were included (wholly or substantially) in the relevant Assessment Report; or\n\t(ii)\tthe CAC failed to provide comments within 8 weeks after receiving the Minister's invitation for comment and report; and\n\t(c)\tthe Planning Minister has consented to the proposed development under section 115 of the Planning, Development and Infrastructure Act 2016; and\n\t(d)\tthe clearance or taking is undertaken in accordance with the consent granted for the proposed development; and\n\t(e)\tin the case of clearance of native plants—the clearance is undertaken in accordance with a biodiversity management plan that proposes that a significant environmental benefit be achieved in accordance with the requirements of the SEB policy.\n\t(2)\tSubclause (1)(e) does not apply if the owner of the land (or a person acting on the owner's behalf) has made a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy.\n\t(3)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n10—Infrastructure\n\t(1)\tClearance or taking of native plants required in connection with the provision of infrastructure (including, to avoid doubt, renewable energy infrastructure within the meaning of the Hydrogen and Renewable Energy Act 2023) if—\n\t(a)\tany development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained; and\n\t(b)\tthe clearance or taking is undertaken in accordance with Council guidelines relating to clearance or taking of that kind; and\n\t(c)\tin the case of clearance of native plants in the regulated clearance area—the clearance is undertaken in accordance with a biodiversity management plan that proposes that a significant environmental benefit be achieved in accordance with the requirements of the SEB policy.\n\t(2)\tSubclause (1)(c) does not apply if the person undertaking the clearance (or a person acting on the person's behalf) has made a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy.\n\t(3)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n11—Works on behalf of Commissioner of Highways\n\t(a)\tthe clearance or taking is incidental to work being undertaken by or on behalf of the Commissioner of Highways (other than repair or maintenance work of a kind referred to in clause 5); and\n\t(b)\tthe clearance or taking is undertaken in accordance with Council guidelines relating to clearance or taking of that kind; and\n\t(c)\tin the case of clearance of native plants in the regulated clearance area—the clearance is undertaken in accordance with a biodiversity management plan that proposes that a significant environmental benefit be achieved in accordance with the requirements of the SEB policy.\n\t(2)\tSubclause (1)(c) does not apply if the person undertaking the clearance (or a person acting on the person's behalf) has made a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy.\n\t(3)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\nDivision 4—Tracks and fences\n12—Pedestrian tracks on private land\n\t(1)\tClearance or taking of native plants on private land for the purposes of establishing or maintaining a track of not more than 0.5 m in width that—\n\t(a)\tis used, or is genuinely expected to be used, only by pedestrians; and\n\t(b)\tis on private land; and\n\t(c)\tis not, or is not intended to be, available for use by members of the public.\n\t(a)\tclearance or taking of native plants established as a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(b)\tclearance or taking of native plants that would be contrary to—\n\t(i)\ta condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(ii)\ta condition imposed in connection with an approval granted in relation to clearance of native vegetation under the repealed regulations.\n13—Vehicle tracks\n\t(1)\tClearance or taking of native plants for the purposes of establishing a new track, or maintaining an existing track, that is not more than 5 m in width, for use by vehicles having at least 4 wheels, provided that—\n\t(a)\tthe track is reasonably required to provide access; and\n\t(b)\tthe clearance or taking is limited to the extent reasonably required to achieve the relevant purpose; and\n\t(c)\tthere is no other practicable alternative (including, in the case of a new track, to the position of the track) that would involve—\n\t(i)\tno clearance or taking; or\n\t(ii)\tthe clearance or taking of fewer native plants; or\n\t(iii)\tthe clearance or taking of native plants that are less significant; or\n\t(iv)\tthe clearance or taking of native plants that have been degraded to a greater extent than the plants proposed to be cleared or taken (if relevant).\n\t(2)\tIf clearance or taking is for the purposes of establishing a new track—\n\t(a)\tsubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement; and\n\t(b)\tin the case of clearance—the CAC must be notified of the proposed clearance in the approved form.\n\t(3)\tSubclause (1) does not apply to—\n\t(a)\tclearance or taking of native plants on a road reserve to establish or maintain a track that runs along the road reserve (that is, a track that does not run from the road to the opposite side of the reserve); or\n\t(b)\tclearance or taking of native plants established as a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(i)\ta condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(ii)\ta condition imposed in connection with an approval granted in relation to clearance of native vegetation under the repealed regulations; or\n\t(d)\tclearance or taking of native plants undertaken in connection with subdivision of the land on which the native plants are growing or situated.\n14—Fences\n\t(1)\tClearance or taking of native plants for the purposes of—\n\t(a)\tproviding a strip of cleared land on either side or both sides of an existing fence for the purposes of maintaining the fence; or\n\t(b)\tproviding a strip of cleared land on either side or both sides of a fence in the course of construction to provide access for the purposes of establishing the fence,\nif—\n\t(c)\tthe fence is reasonably required to control access by people or the movement of animals; and\n\t(d)\tin the case of clearance for the purposes of establishing a new fence—the CAC has been notified of the proposed clearance in the approved form; and\n\t(e)\t—\n\t(i)\tin the case of a fence on the boundary of a person's land—\n\t(A)\tthe width of the strip on the person's land does not exceed 5 m; and\n\t(B)\tin the case of a fence on the boundary of a road reserve—the width of the strip on the road reserve does not exceed 1 m; or\n\t(ii)\tin the case of a fence that is not on the boundary of a person's land—the total width of the strip on either side of the fence does not exceed 5 m.\n\t(a)\tsubject to subclause (1)(e)(i)(B), clearance or taking of native plants on a road reserve; or\n\t(b)\tclearance or taking of native plants established as a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(i)\ta condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(ii)\ta condition imposed in connection with an approval granted in relation to clearance of native vegetation under the repealed regulations; or\n\t(d)\tclearance or taking of native plants undertaken in connection with subdivision of the land on which the native plants are growing or situated.\nDivision 5—Mining and petroleum operations\n15—Mining operations\n\t(1)\tClearance or taking of native plants incidental to—\n\t(a)\toperations authorised under a designated Act; or\n\t(b)\toperations authorised before 25 August 2003 under a designated Act if—\n\t(i)\tthe clearance or taking is envisaged or authorised by or under a program or approval under the designated Act; or\n\t(ii)\tthe clearance or taking would reasonably be expected to have been required under the authorisation under the designated Act taking into account the circumstances that existed immediately before 25 August 2003; or\n\t(c)\tmining operations at a private mine at which mining operations have not been discontinued for a period exceeding 12 months at any time after 21 November 1984.\n\t(2)\tClearance or taking of native plants for the purposes of mining operations of a kind specified in subclause (1)(a) is permitted only if it is undertaken in accordance with—\n\t(a)\tin the case of clearance of native plants—a biodiversity management plan that proposes that a significant environmental benefit be achieved in accordance with the requirements of the SEB policy; and\n\t(b)\tin all cases—\n\t(i)\tin the case of operations authorised under the Mining Act 1971—a program under Part 10A of that Act; or\n\t(ii)\tin the case of operations authorised under the Energy Resources Act 2000—a statement of environmental objectives under that Act.\n\t(3)\tSubclause (2)(a) does not apply if the person undertaking the operations (or a person acting on the person's behalf) has made a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy.\n\t(4)\tSubclause (1)(b) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n16—Mineral exploration operations\n\t(1)\tClearance or taking of native plants incidental to exploratory operations authorised under a designated Act if undertaken in accordance with Council guidelines adopted for the purposes of this clause.\n\t(2)\tCouncil guidelines adopted for the purposes of this clause must be directed towards ensuring that exploratory operations will have a minimal impact on biodiversity and be conducted in a manner that will allow for regrowth of native plants.\n\t(3)\tHowever, in the case of clearance of native plants, if it is not possible for the applicant to undertake the exploratory operations in accordance with the Council guidelines adopted for the purposes of this clause, the clearance is permitted if—\n\t(a)\tthe clearance is undertaken in accordance with a biodiversity management plan that proposes that a significant environmental benefit be achieved in accordance with the requirements of the SEB policy; or\n\t(b)\tthe person undertaking the exploratory operations makes a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy.\n","sortOrder":21},{"sectionNumber":"Div 6","sectionType":"division","heading":"Plant and animal control","content":"Division 6—Plant and animal control\n17—Plant and animal control\nClearance or taking of native plants in any of the following circumstances:\n\t(a)\twhere undertaken in compliance with an obligation under the Landscape South Australia Act 2019 to destroy or control plants or animals if—\n\t(i)\tit is not possible to comply with the obligation without at the same time clearing or taking the native plants; and\n\t(ii)\tCouncil guidelines relating to clearance or taking of that kind have been adopted and the clearance or taking is undertaken in accordance with those guidelines; and\n\t(iii)\tin the case of clearance of native plants—the CAC has been notified of the proposed clearance in the approved form;\n\t(b)\twhere the plants are having a detrimental effect on the management of natural resources if—\n\t(i)\tthe native plants are of a species and in a location specified in Council guidelines adopted for the purposes of this paragraph and the clearance or taking is undertaken in accordance with those guidelines; and\n\t(ii)\tin the case of clearance of native plants—the CAC has been notified of the proposed clearance in the approved form.\n","sortOrder":22},{"sectionNumber":"Div 7","sectionType":"division","heading":"Safety and fire prevention","content":"Division 7—Safety and fire prevention\n18—Clearance or taking under Emergency Management Act 2004\nClearance or taking of native plants by the State Co‑ordinator or an authorised officer acting under section 25 of the Emergency Management Act 2004.\n19—Clearance or taking for purposes of Fire and Emergency Services Act 2005\nClearance or taking of native plants undertaken by or in accordance with a direction or determination of—\n\t(a)\tan officer of SAMFS exercising a power conferred under section 42 of the Fire and Emergency Services Act 2005; or\n\t(b)\tan officer of SACFS exercising a power conferred under section 82 or 97 of the Fire and Emergency Services Act 2005; or\n\t(c)\tan officer of SASES exercising a power conferred under section 118 of the Fire and Emergency Services Act 2005.\n20—Safety of persons and property\nClearance or taking of a native plant exceeding 2 m in height if—\n\t(a)\tthere is a danger that the plant will fall over or a limb or some other part of the plant will fall from it because of disease, wind damage or any other cause; and\n\t(b)\tthere is a real risk of personal injury or damage to property if that occurs; and\n\t(c)\tit is not reasonably practicable to avoid the risk by avoiding the vicinity in which the plant is growing or situated; and\n\t(d)\tthe state of the plant has been assessed by a plant health expert or by any person acting in an emergency situation or in any other situation that gives rise to an immediate risk of personal injury or damage to property; and\n\t(e)\tif the state of the plant is assessed under paragraph (d) by a plant health expert (other than in an emergency situation or a situation that gives rise to an immediate risk of personal injury or damage to property)—a report on the state of the plant prepared by the plant health expert who made the assessment has been provided to the CAC and the CAC is satisfied that the report establishes that the circumstances in paragraphs (a) to (c) (inclusive) exist in respect of the plant; and\n\t(f)\tthe clearance or taking is confined to removing only the parts of the plant causing the danger and only extends to destroying the plant if that is necessary to remove the existing danger.\n21—Fuel hazard reduction\nClearance or taking of native plants in any of the following circumstances:\n\t(a)\twhere the native plants are growing or situated within 20 m of an existing dwelling or 10 m of an existing building that is not a dwelling and clearance or taking is for the purposes of reducing the risk that bushfire poses to life or property (other than where the native plant consists of a regulated tree);\n\t(b)\twhere the native plants are growing or situated along an existing fence‑line for the purposes of establishing or maintaining a fuel break to reduce the risk that bushfire poses to life or property where the total width of the fuel break does not exceed 5 m;\n\t(c)\twhere reasonably required for the purposes of reducing the risk that a bushfire poses to life or property on public land if the clearance or taking is carried out in accordance with Council guidelines relating to clearance or taking of that kind;\n\t(d)\twhere the clearance or taking of native plants is otherwise authorised by, and carried out in accordance with, a bushfire management plan applying to the area in which the native plants are growing or situated.\n22—Fuel hazard reduction with Chief Officer approval\n\t(1)\tClearance or taking of native plants in any of the following circumstances:\n\t(a)\twhere the native plant consists of a regulated tree that is growing or situated within 20 m of an existing dwelling or 10 m of an existing building that is not a dwelling and the clearance or taking is for the purposes of reducing the risk that bushfire poses to life or property;\n\t(b)\twhere reasonably required for the purposes of reducing the risk that a bushfire poses to life or property (other than in circumstances that fall within the ambit of another clause of this Part);\n\t(c)\tsubject to paragraph (d), where reasonably required to provide a fuel break for the purposes of reducing the risk that a bushfire poses to life or property not exceeding 20 m in width on a property that is in the area of a rural council and is used principally for primary production (other than in circumstances that fall within the ambit of another clause of this Part);\n\t(d)\tto provide a fuel break that does not fall within the ambit of paragraph (c) if any point of the proposed fuel break would be within 200 m of land—\n\t(i)\tthat is sufficiently clear of native plants providing comparable protection to the proposed fuel break (other than a fuel break that runs approximately at right‑angles to the proposed fuel break); and\n\t(ii)\tthat provides comparable protection to the proposed fuel break;\n\t(e)\tfor the purposes of establishing or maintaining a fire access track not exceeding 15 m in width.\n\t(2)\tSubclause (1) only applies if—\n\t(a)\tclearance or taking of the native plants is undertaken in accordance with the written approval of the relevant Chief Officer and any applicable bushfire management plan; and\n\t(b)\tin the case of clearance of native plants—the CAC has been notified of the proposed clearance in the approved form.\n\t(3)\tThe relevant Chief Officer must not grant an approval under this clause unless the Chief Officer is satisfied that the proposed clearance or taking of native plants is reasonably required or appropriate for the purposes of fire prevention or control.\n\t(4)\tIn considering whether to grant an approval under this clause, the relevant Chief Officer must have regard to—\n\t(a)\tany applicable bushfire management plan; and\n\t(b)\tany applicable Council guidelines.\n\t(5)\tA relevant Chief Officer may delegate a function under this clause to a Deputy Chief Officer or Assistant Chief Officer of the relevant service.\n\t(6)\tSubclause (1)(a) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n","sortOrder":23},{"sectionNumber":"Div 8","sectionType":"division","heading":"Traditional cultural practices","content":"Division 8—Traditional cultural practices\n23—Cultural burning\nClearance or taking of native plants by means of cultural burning of the plants undertaken by Aboriginal persons in accordance with the biodiversity policy relating to such cultural burning.\n","sortOrder":24},{"sectionNumber":"Div 9","sectionType":"division","heading":"Miscellaneous","content":"Division 9—Miscellaneous\n24—Land subject to biodiversity agreement\nClearance or taking of native plants on land that is subject to a biodiversity agreement provided that the clearance or taking is undertaken in accordance with any conditions of that agreement and any biodiversity management plan that relates to the clearance or taking.\n25—Fungi and algae\nClearance or taking of fungi or algae, other than fungi or algae of a prescribed species.\n26—Firewood\n\t(1)\tClearance or taking of native plants that is solely for the purposes of providing firewood for use by the owner of the land on which the native plants are growing or situated for the purposes of domestic heating or cooking if—\n\t(a)\tthe quantity of firewood provided by the clearance or taking when aggregated with the quantity of firewood (if any) previously provided by clearance or taking under this clause (or a corresponding provision of the repealed regulations) and not yet burnt does not exceed 6 m³ when calculated over the immediately preceding period of 2 years; and\n\t(b)\tthe plants have—\n\t(i)\tin the case of a plant with a trunk—a trunk circumference of 600 mm or less at 300 mm from the base of the plant; or\n\t(ii)\tin any other case—a stem circumference of 200 mm or less at 300 mm from the base of the plant; and\n\t(c)\tin the case of living native plants—the clearance or taking does not kill the plants, does not prevent regrowth and is undertaken at least 300 mm above the base of the plant.\n\t(a)\tnative plants that are growing or situated on land that is subject to a biodiversity agreement; or\n\t(b)\tclearance or taking of native plants established as a condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(i)\ta condition of a consent for clearance of native plants under this Act or a consent for clearance of native vegetation under a repealed Act; or\n\t(ii)\ta condition imposed in connection with an approval granted in relation to clearance of native vegetation under the repealed regulations.\n27—Regrowth\n\t(a)\tthe land on which the native plants are growing or situated has been lawfully cleared within 5 years immediately before the proposed clearance occurs; and\n\t(b)\tthe clearance or taking is necessary to maintain the land so that it can continue to be used for the purpose for which, and to the extent to which, it had been used within the immediately preceding 5 years; and\n\t(c)\tthe native plants to be cleared or taken consist only of plants or parts of plants that have grown or have regrown in the immediately preceding 5 years.\n\t(2)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n28—Conservation, restoration and enhancement of biodiversity\nClearance or taking of native plants for the purposes of conserving, restoring or enhancing biodiversity if it is undertaken in accordance with—\n\t(a)\tCouncil guidelines relating to clearance or taking of that kind; and\n\t(b)\tif the guidelines referred to in paragraph (a) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking.\n29—Grazing practices\n\t(1)\tClearance or taking of native plants by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the land, provided that the manner and rate of grazing is consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock during the previous 10 years.\n\t(2)\tClearance or taking of native plants by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the land where the manner and rate of grazing is not consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock during the previous 10 years if the clearance or taking is undertaken in accordance with—\n\t(a)\tCouncil guidelines relating to clearance or taking of that kind; and\n\t(b)\tif the guidelines referred to in paragraph (a) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking.\n\t(3)\tIn this clause—\ndegradation of land has the same meaning as in the Pastoral Land Management and Conservation Act 1989.\n30—Maintenance of existing agriculture, forestry or farming\n\t(1)\tClearance or taking of native plants that are growing or situated on land that has been consistently used for agricultural, forestry or primary production purposes (other than grazing) as part of a commercial enterprise in the immediately preceding 10 years if—\n\t(a)\tthe clearance or taking is undertaken for the purposes of maintaining the existing use of the land and will not cause permanent degradation or loss of native plants; and\n\t(b)\tthe clearance or taking is undertaken in accordance with—\n\t(i)\tCouncil guidelines relating to clearance or taking of that kind; and\n\t(ii)\tif the guidelines referred to in subparagraph (i) specify that a biodiversity management plan must be made in relation to clearance or taking of that kind—a biodiversity management plan that relates to the clearance or taking.\n\t(2)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n31—Licence under Aquaculture Act\nClearance or taking of native plants consistent with a licence under the Aquaculture Act 2001.\n32—Cultana Training Area\n\t(1)\tClearance or taking of native plants that are growing or situated in the Cultana Training Area if the clearance or taking is carried out by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force.\n\t(2)\tSubclause (1) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.\n33—Maintenance pruning\nTaking a native plant from public land or local government land (within the meaning of the Local Government Act 1999) provided that it is taken by the owner or person with the care, control or management of that land for the purposes of maintaining those plants in accordance with Council guidelines relating to taking of that kind.\n34—Dead plants\nClearance or taking of a dead native plant, or part of a plant that is dead, unless the plant is of a class prescribed by the regulations for the purposes of this clause.\nPart 3—Dealing with native plants\n35—Commercial floriculture\nDealing with a native plant in the course of commercial floriculture that was intentionally sown or planted by a person for that purpose.\nPart 4—Assisting in regulated act or activity\n36—Assisting in regulated act or activity\nAn act or activity referred to in section 42(1) carried out or undertaken by a person (an assistant) assisting a person (the authorised person) who is taken to hold an authorisation to carry out or undertake the act or activity if the act or activity carried out or undertaken by the assistant is carried out or undertaken in accordance with any condition of, or requirement, restriction or limitation applying in respect of, the authorisation taken to be held by the authorised person.\n","sortOrder":25},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Principles of preservation of native plants","content":"Schedule 3—Principles of preservation of native plants\n1—Principles of preservation of native plants\nNative plants are considered to be of particular value and should be preserved if, in the opinion of the CAC—\n\t(a)\tthey comprise a high level of diversity of plant species; or\n\t(b)\tthey have significance as habitat for protected animals or native plants; or\n\t(c)\tthey include plants of a threatened species; or\n\t(d)\tthey comprise the whole, or a part, of a threatened ecological community or listed ecological entity; or\n\t(e)\tthey are significant as remnant plants in an area which has been extensively cleared; or\n\t(f)\tthey are growing in, or in association with, a wetland environment; or\n\t(g)\tthey contribute significantly to the amenity of the area in which they are growing or situated; or\n\t(h)\ttheir clearance is likely to contribute to continued or further soil erosion or salinity in an area in which appreciable erosion or salinisation has already occurred or, where such erosion or salinisation has not yet occurred, their clearance is likely to cause appreciable soil erosion or salinity; or\n\t(i)\ttheir clearance is likely to cause deterioration in the quality of surface or underground water; or\n\t(j)\ttheir clearance is likely to cause, or exacerbate, the incidence or intensity of flooding; or\n\t(k)\ttheir clearance would cause significant harm to the River Murray within the meaning of the River Murray Act 2003; or\n\t(l)\ttheir clearance would cause significant harm to the Adelaide Dolphin Sanctuary.\n","sortOrder":26},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Protected animals—regulated acts or activities exclusions","content":"Schedule 4—Protected animals—regulated acts or activities exclusions\n1—Protected animals—regulated acts or activities exclusions\nThe following acts or activities are specified as not being regulated acts or activities for the purposes of section 64(2):\n\t(a)\tsurrendering a protected animal, protected animal product or protected egg to the Minister or an entity prescribed by the regulations for the purposes of this paragraph;\n\t(b)\ttaking a dingo—\n\t(i)\tif the person is complying with an obligation under the Landscape South Australia Act 2019 or the Dog Fence Act 1946; or\n\t(ii)\tif the dingo is causing, or is likely to cause, damage to stock; or\n\t(iii)\tif otherwise permitted under this Act;\n\t(c)\tkeeping a dingo in accordance with the Landscape South Australia Act 2019;\n\t(d)\tdestroying, damaging or disturbing protected habitat if—\n\t(i)\tthe protected habitat is outside a protected habitat protection zone; and\n\t(ii)\tthe person is—\n\t(A)\tthe owner of the land where the protected habitat is located; or\n\t(B)\tauthorised to destroy, damage or disturb (as the case requires) the protected habitat by the owner of the land where the habitat is located or by or under another Act or law; and\n\t(iii)\tthe protected habitat is causing, or is likely to cause, damage to crops, stock, machinery or infrastructure (including tracks and built structures) or may constitute a safety risk or hazard to people;\n\t(e)\tdestroying, damaging or disturbing protected habitat if—\n\t(i)\tthat destruction, damage or disturbance constitutes a regulated act or activity under Part 4 that is authorised in accordance with section 48; or\n\t(ii)\tthat destruction, damage or disturbance constitutes destroying, damaging or disturbing critical habitat features of critical habitat that is authorised in accordance with section 88;\n\t(f)\tan act or activity referred to in section 64(1) carried out or undertaken in respect of an animal that is the subject of a licence under the Aquaculture Act 2001;\n\t(g)\tan act or activity referred to in section 64(1) carried out or undertaken by a person (an assistant) assisting a person (the permit holder) who holds a permit granted by the Minister under Part 9 authorising the permit holder to carry out or undertake the act or activity if the act or activity carried out or undertaken by the assistant is carried out or undertaken in accordance with any condition of, or requirement, restriction or limitation applying in respect of, the permit held by the permit holder;\n\t(h)\ta prescribed act or activity carried out or undertaken in respect of a prescribed species of animal or in prescribed circumstances.\n","sortOrder":27},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Related amendments and repeals","content":"Schedule 5—Related amendments and repeals\n","sortOrder":28},{"sectionNumber":"Part 1","sectionType":"part","heading":"Amendment of Adelaide Dolphin Sanctuary Act 2005","content":"Part 1—Amendment of Adelaide Dolphin Sanctuary Act 2005\n1—Amendment of section 3—Interpretation\nSection 3(1), definition of Parks and Wilderness Council—delete \"and Wildlife\"\n2—Amendment of section 5—Related operational Acts\n\t(1)\tSection 5—after paragraph (a) insert:\n\t(ab)\tBiodiversity Act 2025;\n\t(2)\tSection 5(i)—delete \"and Wildlife\"\n\t(3)\tSection 5(j)—delete paragraph (j)\nPart 2—Amendment of Arkaroola Protection Act 2012\n3—Amendment of section 5—Administration of Act\nSection 5—delete \"and Wildlife\"\nPart 3—Amendment of Biosecurity Act 2025\n4—Amendment of section 171—Consultation requirements\n\t(1)\tSection 171(2)—delete \"National Parks and Wildlife Act 1972\" and substitute:\n\t(2)\tSection 171(3)—delete subsection (3)\n5—Amendment of section 182—Emergency order prevails\n\t(1)\tSection 182(1), definition of designated Act—after paragraph (c) insert:\n\t(ca)\tthe Biodiversity Act 2025;\n\t(2)\tSection 182(1), definition of designated Act, (l)—delete \"and Wildlife\"\n\t(3)\tSection 182(1), definition of designated Act, (m)—delete paragraph (m)\n6—Amendment of section 195—Consultation requirements\n\t(1)\tSection 195(1)—delete \"National Parks and Wildlife Act 1972\" and substitute:\n\t(2)\tSection 195(2)—delete \"native vegetation\" and substitute:\n\t(3)\tSection 195(2)—delete \"Native Vegetation Act 1991\" and substitute:\n7—Amendment of section 209—Interaction with other Acts\n\t(1)\tSection 209(1)(b)—delete \"National Parks and Wildlife Act 1972\" and substitute:\n\t(2)\tSection 209(1)(c)—delete \"native vegetation\" and substitute:\n\t(3)\tSection 209(1)(c)—delete \"Native Vegetation Act 1991\" and substitute:\n8—Amendment of section 245—Interaction with other Acts\n\t(1)\tSection 245(1)(b)—delete \"National Parks and Wildlife Act 1972\" and substitute:\n\t(2)\tSection 245(1)(c)—delete \"native vegetation\" and substitute:\n\t(3)\tSection 245(1)(c)—delete \"Native Vegetation Act 1991\" and substitute:\nPart 4—Amendment of Coast Protection Act 1972\n9—Amendment of section 14—General duties of Board\nSection 14—after subsection (3) insert:\n\t(4)\tThe Board must, if taking any action under this or any other Act that is likely to have an impact on biodiversity (including when making comments to any authority in relation to a matter under another Act) take into account, and seek to further, the objects and objectives of the Biodiversity Act 2025.\nPart 5—Amendment of Community Titles Act 1996\n10—Amendment of section 3—Interpretation\nSection 3(1), definition of statutory encumbrance, (e)—delete paragraph (e) and substitute:\n\t(e)\ta biodiversity agreement under the Biodiversity Act 2025;\nPart 6—Amendment of Criminal Assets Confiscation Act 2005\n11—Amendment of section 3—Interpretation\nSection 3(1), definition of serious offence, (c)(v)—delete subparagraph (v)\nPart 7—Amendment of Criminal Investigation (Covert Operations) Act 2009\n12—Amendment of section 3—Interpretation\nSection 3(1), definition of serious criminal behaviour, (e)—delete paragraph (e)\nPart 8—Amendment of Crown Land Management Act 2009\n13—Amendment of section 5—Principles of Crown land management\nSection 5(1)(b)—after \"objectives of\" insert:\nthe Biodiversity Act 2025 and\n14—Amendment of section 55—Minister may make declaration in relation to land\nSection 55—delete \"and Wildlife\" wherever occurring\n15—Amendment of section 78—Liability of the Crown\nSection 78(3)(e)(ii)—delete \"and Wildlife\"\nPart 9—Amendment of Dog and Cat Management Act 1995\n16—Amendment of section 59D—Power to destroy dogs\nSection 59D(1)(c)—delete \"and Wildlife\"\n17—Amendment of section 63—Power to destroy cats\nSection 63(1)(a)—delete paragraph (a) and substitute:\n\t(a)\tif the person is a warden under the National Parks Act 1972 and the cat is in a reserve (within the meaning of that Act);\n\t(ab)\tif the person is a warden under the Wilderness Protection Act 1992 and the cat is in a wilderness protection area or wilderness protection zone (both within the meaning of that Act);\n\t(ac)\tif the person is an authorised officer under the Biodiversity Act 2025 and the cat is in a sanctuary (within the meaning of that Act);\n18—Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part\n\t(1)\tSection 64D(3), definition of prescribed person, (b)—delete \"and Wildlife\"\n\t(2)\tSection 64D(3), definition of prescribed person—after paragraph (b) insert:\n\t(ba)\tan authorised officer under the Biodiversity Act 2025; or\nPart 10—Amendment of Energy Resources Act 2000\n19—Amendment of section 6A—Interaction with other legislation\n\t(1)\tSection 6A—delete \"they may be relevant\" and substitute:\nthe Minister considers appropriate\n\t(2)\tSection 6A—after paragraph (d) insert:\n\t(e)\tthe objects of the Biodiversity Act 2025.\n","sortOrder":29},{"sectionNumber":"Part 11","sectionType":"part","heading":"Amendment of Environment Protection Act 1993","content":"Part 11—Amendment of Environment Protection Act 1993\n20—Amendment of section 112—State of environment reports\nSection 112(3)—after paragraph (a) insert:\n\t(aa)\tinclude an assessment of biodiversity in the State which has regard to the State‑wide biodiversity indicators set out in the State Biodiversity Plan under the Biodiversity Act 2025; and\n","sortOrder":30},{"sectionNumber":"Part 12","sectionType":"part","heading":"Amendment of Fire and Emergency Services Act 2005","content":"Part 12—Amendment of Fire and Emergency Services Act 2005\n21—Amendment of section 42—Powers\nSection 42(6a), definition of government reserve, (b)—delete \"and Wildlife\"\n22—Amendment of section 71—State Bushfire Coordination Committee\n\t(1)\tSection 71(2)(b)(v)—delete \"and Wildlife\"\n\t(2)\tSection 71(2)(b)(xiv)—delete \"Native Vegetation Council\" and substitute:\nBiodiversity Council (within the meaning of the Biodiversity Act 2025)\n23—Amendment of section 91—Duty to report unattended fires\nSection 91(2), definition of government officer, (a)—delete \"and Wildlife\"\n24—Amendment of section 97—Powers\nSection 97(12), definition of government reserve, (b)—delete \"and Wildlife\"\n","sortOrder":31},{"sectionNumber":"Part 13","sectionType":"part","heading":"Amendment of Firearms Act 2015","content":"Part 13—Amendment of Firearms Act 2015\n25—Amendment of section 56—Power of police officer or warden to require production of licence etc\nSection 56(1) and (3)—delete \"and Wildlife\" wherever occurring\n","sortOrder":32},{"sectionNumber":"Part 14","sectionType":"part","heading":"Amendment of Fisheries Management Act 2007","content":"Part 14—Amendment of Fisheries Management Act 2007\n26—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of relevant Minister—after paragraph (c) insert:\n\t\tor\n\t(d)\tin relation to a threatened fish—the Minister to whom the administration of the Biodiversity Act 2025 is committed;\n\t(2)\tSection 3(1)—after the definition of take insert:\nthreatened fish means a fish of a threatened species under the Biodiversity Act 2025;\n27—Amendment of section 54—Application for licence, permit or registration\nSection 54(8)—after \"specially protected area\" insert:\n28—Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited\nSection 78(3)—after \"specially protected area\" insert:\n29—Amendment of section 115—Exemptions\nSection 115(2)—after \"specially protected area\" insert:\n","sortOrder":33},{"sectionNumber":"Part 15","sectionType":"part","heading":"Amendment of Harbors and Navigation Act 1993","content":"Part 15—Amendment of Harbors and Navigation Act 1993\n30—Amendment of section 15—Property of Crown\nSection 15(3)(b)—delete \"and Wildlife\"\n","sortOrder":34},{"sectionNumber":"Part 16","sectionType":"part","heading":"Amendment of Hydrogen and Renewable Energy Act 2023","content":"Part 16—Amendment of Hydrogen and Renewable Energy Act 2023\n31—Amendment of section 4—Interpretation\nSection 4(1), definition of designated land, (f)—delete \"and Wildlife\"\n","sortOrder":35},{"sectionNumber":"Part 17","sectionType":"part","heading":"Amendment of Landscape South Australia Act 2019","content":"Part 17—Amendment of Landscape South Australia Act 2019\n32—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of biological diversity—delete the definition and substitute:\nbiodiversity or biological diversity has the same meaning as in the Biodiversity Act 2025;\n\t(2)\tSection 3(1), definition of native animal—delete the definition\n\t(3)\tSection 3(1), definition of native vegetation—delete the definition and substitute:\n\t(4)\tSection 3(1), definition natural resources, (d)—delete \"native vegetation, native animals\" and substitute:\nnative plants, protected animals\n\t(5)\tSection 3(1)—after the definition of private land insert:\nprotected animal has the same meaning as in the Biodiversity Act 2025;\n\t(6)\tSection 3(8)—delete \"native vegetation is\" and substitute:\nnative plants are\n\t(7)\tSection 3(8)—delete \"the native vegetation\" and substitute:\nthe native plants\n\t(8)\tSection 3(8)—delete \"Native Vegetation Act 1991\" and substitute:\n33—Amendment of section 7—Objects and principles\nSection 7(1)(g)—delete \"native\" and substitute:\n34—Amendment of section 9—Functions of Minister\nSection 9(1)(f)—after \"seas\" insert:\n(not being State biodiversity data within the meaning of section 172 of the Biodiversity Act 2025)\n35—Amendment of section 25—Functions of boards (general)\n\t(1)\tSection 25(1)(f)—delete \"Native Vegetation Act 1991 and promote the conservation of wildlife as envisaged under the National Parks and Wildlife Act 1972\" and substitute:\nBiodiversity Act 2025 and promote the protection and restoration of biodiversity in the State as envisaged under that Act\n\t(2)\tSection 25(1)(i)—delete \"native\" wherever occurring and substitute in each case:\n36—Amendment of section 33—Landscapes affecting activities control policies\nSection 33(2)(d)—delete \"native\" and substitute:\n37—Amendment of section 44—State Landscape Strategy\nSection 44(4)—after paragraph (c) insert:\n\t\tand\n\t(d)\tthe strategies and priorities set out in the State Biodiversity Plan under the Biodiversity Act 2025.\n38—Amendment of section 61—Associated Ministerial consents\n\t(1)\tSection 61(2) and (3)—delete subsections (2) and (3) and substitute:\n\t(2)\tSubject to subsection (4), if in the opinion of the Minister the implementation of a plan—\n\t(a)\twould adversely affect any protected animal or native plant that is subject to any form of control under the Biodiversity Act 2025; or\n\t(b)\twould result in the clearance of any native plants,\nthe Minister must not approve the plan without the consent of the Minister for the time being administering the Biodiversity Act 2025.\n\t(2)\tSection 61(4)—delete \", (2) or (3)\" and substitute:\nor (2)\n39—Amendment of section 97—Interpretation\nSection 97, definition of degradation—delete \"native vegetation\" and substitute:\nnative plants\n40—Amendment of section 106—Activities not requiring a permit\nSection 106(1)(c)—delete \"Native Vegetation Act 1991\" and substitute:\n41—Amendment of section 185—Preliminary\n\t(1)\tSection 185(3)—after \"subsection (1)\" insert:\nor (2)\n\t(2)\tSection 185(3)—delete \"native animals\" and substitute:\nprotected animals or native plants without the concurrence of the Minister responsible for the administration of the Biodiversity Act 2025\n\t(3)\tSection 185(4)—delete subsection (4)\n42—Amendment of section 201—Protection of certain vegetation and habitats\n\t(1)\tSection 201(1)(a)—delete paragraph (a) and substitute:\n\t(a)\tthat native plants are not cleared except in accordance with guidelines adopted by the Biodiversity Council under section 174 of the Biodiversity Act 2025; and\n\t(2)\tSection 201(2)—delete \"native\" wherever occurring and substitute in each case:\n","sortOrder":36},{"sectionNumber":"Part 18","sectionType":"part","heading":"Amendment of Land Tax Act 1936","content":"Part 18—Amendment of Land Tax Act 1936\n43—Amendment of section 4—Imposition of land tax\n\t(1)\tSection 4(1)(ba)—delete \"heritage agreement under the Native Vegetation Act 1991\" and substitute:\nbiodiversity agreement under the Biodiversity Act 2025\n\t(2)\tSection 4(1)(ba)—delete \"23B(3)\" and substitute:\n170(2)\n","sortOrder":37},{"sectionNumber":"Part 19","sectionType":"part","heading":"Amendment of Livestock Act 1997","content":"Part 19—Amendment of Livestock Act 1997\n44—Amendment of section 42—Exercising powers in relation to native or feral animals\nSection 42(4)—delete \"National Parks and Wildlife Act 1972\" and substitute:\n","sortOrder":38},{"sectionNumber":"Part 20","sectionType":"part","heading":"Amendment of Maralinga Tjarutja Land Rights Act 1984","content":"Part 20—Amendment of Maralinga Tjarutja Land Rights Act 1984\n45—Amendment of section 3—Interpretation\nSection 3, definition of co‑management agreement—delete \"and Wildlife\"\n46—Amendment of section 15A—Interpretation\nSection 15A, definition of Minister—delete \"and Wildlife\"\n47—Amendment of section 15B—Establishment of co‑management board\nSection 15B(1) and (2)(l)—delete \"and Wildlife\" wherever occurring\n48—Amendment of section 17—Rights of traditional owners with respect to lands\nSection 17(2)—delete \"and Wildlife\"\n","sortOrder":39},{"sectionNumber":"Part 21","sectionType":"part","heading":"Amendment of Marine Parks Act 2007","content":"Part 21—Amendment of Marine Parks Act 2007\n49—Amendment of section 3—Interpretation\nSection 3(1), definition of Council—delete \"and Wildlife\"\n50—Amendment of section 32—Appointment of authorised officers\nSection 32(1)(b)—delete \"and Wildlife\"\n","sortOrder":40},{"sectionNumber":"Part 22","sectionType":"part","heading":"Amendment of Mining Act 1971","content":"Part 22—Amendment of Mining Act 1971\n51—Amendment of section 10B—Interaction with other legislation\n\t(1)\tSection 10B—delete \"they may be relevant\" and substitute:\nthe Minister considers appropriate\n\t(2)\tSection 10B—after paragraph (e) insert:\n\t(f)\tthe objects of the Biodiversity Act 2025.\n","sortOrder":41},{"sectionNumber":"Part 23","sectionType":"part","heading":"Amendment of National Parks and Wildlife Act 1972","content":"Part 23—Amendment of National Parks and Wildlife Act 1972\n52—Amendment of long title\nLong title—delete \"public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment;\" and substitute:\nthe conservation of wildlife and for public benefit and enjoyment,\n53—Amendment of section 1—Short title\nSection 1—delete \"and Wildlife\"\n54—Amendment of section 5—Interpretation\n\t(1)\tSection 5, definition of Aboriginal person—delete the definition and substitute:\nAboriginal person has the same meaning as in the Biodiversity Act 2025;\n\t(2)\tSection 5, definition of aircraft—delete the definition\n\t(3)\tSection 5, definition of carcass—delete the definition\n\t(4)\tSection 5—after the definition of co‑management board insert:\nconservation of wildlife includes the restoration and recovery of wildlife and ecosystems;\n\t(5)\tSection 5, definition of controlled species—delete the definition\n\t(6)\tSection 5—after the definition of Council insert:\ncraft includes—\n\t(a)\ta glider or balloon capable of carrying a person; and\n\t(b)\ta drone;\n\t(7)\tSection 5, definition of Director—delete \"and Wildlife\"\n\t(8)\tSection 5, definition of endangered species—delete the definition\n\t(9)\tSection 5, definition of firearm—delete the definition and substitute:\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\nfirearm has the same meaning as in the Firearms Act 2015;\n\t(10)\tSection 5, definition of forest reserve—delete the definition\n\t(11)\tSection 5—after the definition of game reserve insert:\ninformation discovery order means an information discovery order issued under Part 2 Division 3 Subdivision 2;\n\t(12)\tSection 5, definition of marine mammal—delete the definition\n\t(13)\tSection 5, definition of Murray‑Darling Basin—delete \"1993\" and substitute:\n\t(14)\tSection 5, definition of native plant—delete the definition and substitute:\n\t(15)\tSection 5, definition of plant—delete the definition and substitute:\nplant has the same meaning as in the Biodiversity Act 2025;\n\t(16)\tSection 5, definitions of prohibited species and protected animal—delete the definitions and substitute:\nprotected animal has the same meaning as in the Biodiversity Act 2025;\n\t(17)\tSection 5, definition of rare species—delete the definition\n\t(18)\tSection 5, definitions of sell, take and to hunt—delete the definitions and substitute:\ntake has the same meaning as in the Biodiversity Act 2025 and, in relation to a plant, includes clearance within the meaning of that Act;\n\t(19)\tSection 5, definition of vehicle—delete the definition and substitute:\n\t(20)\tSection 5, definition of vulnerable species—delete the definition\n\t(21)\tSection 5, definition of wildlife—delete the definition and substitute:\nwildlife means protected animals and native plants.\n55—Amendment of section 10—Research and investigation\n\t(1)\tSection 10(1)—delete subsection (1) and substitute:\n\t(1)\tThe Minister may cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves.\n\t(2)\tSection 10(2)—delete \"research or\"\n56—Repeal of section 11\nSection 11—delete the section\n57—Amendment of section 11A—Director of National Parks and Wildlife\n\t(1)\tSection 11A, heading—delete \"and Wildlife\"\n\t(2)\tSection 11A(1)—delete \"and Wildlife\"\n58—Amendment of section 12—Delegation\n\t(1)\tSection 12(2)—delete subsection (2)\n\t(2)\tSection 12(3)—delete \", including, with the consent of the person who has delegated the power, a power delegated to the Director under this section\"\n\t(3)\tSection 12(5)—after paragraph (b) insert:\n\t(ba)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n59—Amendment of section 13—Information to be included in annual report\nSection 13(2)—delete subsection (2)\n60—Amendment of section 14—Minister not to administer this Act\n\t(1)\tSection 14, heading—delete \"Minister not to administer this\" and substitute:\nAdministration of\n\t(2)\tSection 14—after its present contents (now to be designated as subsection (1)) insert:\n\t(2)\tThis Act must be administered by the same Minister that administers the Biodiversity Act 2025.\n61—Amendment of section 19C—Functions of Council\nSection 19C(2)(f)—delete paragraph (f)\n62—Insertion of Subdivision heading\nBefore section 20 insert:\nSubdivision 1—Wardens\n63—Substitution of sections 21 to 26\nSections 21 to 26 (inclusive)—delete the sections and substitute:\n21—Powers of wardens\n\t(1)\tA warden may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time—\n\t(a)\tenter and inspect any place; and\n\t(b)\tenter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the warden, and board any vessel or craft; and\n\t(c)\tinspect (including open) any thing that is in or on any place or vehicle, including a package in the postal system; and\n\t(d)\tuse reasonable force to break into or open any part of, or anything in or on, any place or vehicle, but only if the warden—\n\t(i)\tis exercising the power on the authority of a warrant issued by the Magistrates Court or a justice; or\n\t(ii)\tis acting with the permission of the owner of the relevant land or the person apparently in charge of the vehicle (as the case requires); or\n\t(iii)\treasonably believes that immediate action is required in the circumstances (including in order to prevent the destruction of, or otherwise preserve, evidence of a contravention of this Act); and\n\t(e)\tgive directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing; and\n\t(f)\twith the authority of a warrant issued by the Magistrates Court or a justice, stop and search a person who is reasonably suspected of having, on or about their person, any thing that constitutes evidence of the commission of an offence against this Act; and\n\t(g)\ttake measurements or place any markers, pegs, buoys or other items or equipment at any place; and\n\t(h)\ttake samples of any substance or thing from any place (including under any land) or vehicle; and\n\t(i)\tdig up any land by the use of hand‑held equipment for the purpose of taking samples; and\n\t(j)\twith the authority of a warrant issued by the Magistrates Court or a justice, to the extent to which it is reasonably required, take mechanical equipment on to any land and dig up the land, or any part of it, for the purposes of taking samples that the warden reasonably suspects may constitute evidence of a contravention of this Act; and\n\t(k)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; and\n\t(l)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; and\n\t(m)\ttake photographs, films, audio, video or other recordings; and\n\t(n)\texamine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; and\n\t(o)\tseize and retain anything that the warden reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act, or require a person to surrender, either immediately or within a specified period and at a specified place, anything held or maintained in contravention of this Act; and\n\t(p)\twithout limiting the operation of paragraph (o), if the warden finds any animals or plants that are being held or maintained contrary to any requirement or provision of the Biodiversity Act 2025, or that are prohibited from being in the State under any other Act or law, seize and remove the animals or plants or take measures for their destruction or control; and\n\t(q)\trequire a person who the warden reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(r)\trequire a person who the warden reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act—\n\t(i)\tto answer questions in relation to those matters; or\n\t(ii)\tto attend at a specified place at a specified time and answer questions in relation to those matters; and\n\t(s)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act; and\n\t(t)\trequest a person holding or required to hold a consent, permit or other authority under this Act, or acting in reliance of a consent, permit or other authority under this Act, to produce the consent, permit or authority for inspection; and\n\t(u)\tgive expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act; and\n\t(v)\tif a person who the warden reasonably suspects has committed, is committing or is about to commit, a contravention of this Act is on a reserve—order that person off the reserve for a stated period (not exceeding 24 hours); and\n\t(w)\texercise any power prescribed by the regulations.\n\t(2)\tA warden, in exercising powers under this section, may be accompanied by such assistants as are reasonably required in the circumstances.\n\t(3)\tWhere a warden is a police officer, the powers under this section apply in addition to any powers that the police officer has under any other Act or law.\n22—Issue of warrants\n\t(1)\tThe Magistrates Court or a justice must not issue a warrant for the purposes of this Part unless—\n\t(a)\tsatisfied that the warrant is reasonably required in the circumstances; and\n\t(b)\tin the case of a warrant authorising a warden to take action under section 21(1)(j)—satisfied that there are reasonable grounds to believe that a person may have committed a contravention of this Act.\n\t(2)\tAn application for the issue of a warrant may be made either personally or by telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tIf an application for the issue of a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the Magistrates Court or justice of their name and identify themself as a warden, and the Magistrates Court or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a warden;\n\t(b)\tthe applicant must inform the Magistrates Court or justice of the grounds on which the applicant seeks the issue of the warrant;\n\t(c)\tif it appears to the Magistrates Court or justice from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the Magistrates Court or justice must inform the applicant of the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the Magistrates Court or justice may then make out and sign a warrant, noting on the warrant the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the Magistrates Court or justice;\n\t(f)\tthe Magistrates Court or justice must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the Magistrates Court or justice an affidavit verifying the facts referred to in paragraph (c).\n\t(6)\tA warden who executes a warrant must, as soon as practicable after execution of the warrant—\n\t(a)\tprepare a notice in the prescribed form containing—\n\t(i)\tthe warden's own name and a statement that they are a warden under this Act; and\n\t(ii)\tthe name of the person who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of the authority conferred by the warrant; and\n\t(b)\tgive the notice to the person affected by the warrant.\n\t(7)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n23—Provisions relating to seizure\n\t(1)\tIf a thing has been seized under this Subdivision, the following provisions apply:\n\t(a)\tthe thing must be held pending proceedings under this Act related to the thing seized, unless the Minister, on the Minister's own motion or on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, the court may—\n\t(i)\torder that it be forfeited to the Minister; or\n\t(ii)\tif it has been released in accordance with paragraph (a)—\n\t(A)\tif the thing is an animal, animal product, egg or plant—order that it be forfeited to the Minister; or\n\t(B)\tin any other case—order that the person to whom it was released, or the person who is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, pay to the Minister an amount equal to its market value at the time of its seizure;\n\t(c)\tif proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, the Minister may recover from the person the costs of having retained the thing;\n\t(d)\tif—\n\t(i)\tproceedings are not instituted under this Act relating to the thing within the prescribed period after its seizure; or\n\t(ii)\tproceedings have been so instituted but—\n\t(A)\tno person is, as a result of the proceedings, convicted or found guilty of an offence or otherwise found to have contravened this Act; or\n\t(B)\ta person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act but no order for forfeiture is made under paragraph (b); or\n\t(C)\tthe thing is no longer required to furnish evidence for the purposes of the proceedings,\nthen the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged, destroyed, released or otherwise disposed of, compensation of an amount equal to its market value at the time of its seizure;\n\t(e)\tif the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom a thing is to be returned, the thing may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the General Reserves Fund;\n\t(f)\tif, in the opinion of the Minister, an animal, animal product, egg or plant seized under this Act will suffer a loss in its value before the question of its forfeiture under this section can be determined, the thing may be sold or disposed of as the Minister thinks fit (unless it is required for evidentiary purposes) and, if sold, the proceeds of the sale will be dealt with under this section as if they were the thing;\n\t(g)\tif a living animal is seized under this section, the Minister may make arrangements for—\n\t(i)\tthe animal's care; or\n\t(ii)\tif, in the opinion of the Minister—\n\t(A)\tit is in the best interests of the welfare of the animal to be released into the wild—its release into the wild; or\n\t(B)\tit is necessary for the welfare of the animal to be destroyed—its destruction.\nanimal product has the same meaning as in the Biodiversity Act 2025;\nowner in relation to an object seized under this section means either or both of the following persons:\n\t(a)\ta person who has legal title to the object;\n\t(b)\ta person who was, immediately before seizure of the object, legally in possession or control of the object;\nprescribed period means 12 months or such longer period as the ERD Court may, on application by the Minister, allow;\nthing includes—\n\t(a)\tan animal, animal product or egg; and\n\t(b)\ta plant; and\n\t(c)\ta vehicle; and\n\t(d)\ta cage or container; and\n\t(e)\ta firearm or taking device (within the meaning of the Biodiversity Act 2025); and\n\t(f)\ta poison or other substance; and\n\t(g)\ta document or record.\n24—Offence to hinder etc wardens\n\t(1)\tA person who—\n\t(a)\thinders or obstructs a warden, or a person assisting a warden, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to a warden, or a person assisting a warden; or\n\t(c)\trefuses or fails to comply with a requirement or direction of a warden under this Act; or\n\t(d)\twhen required by a warden under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that they are a warden,\nis guilty of an offence.\nMaximum penalty: $15 000.\n\t(2)\tA person who assaults a warden, or a person assisting a warden in the exercise of powers under this Act, is guilty of an offence.\nMaximum penalty: $15 000 or 2 years imprisonment.\n25—Self‑incrimination\n\t(1)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by an individual with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n64—Insertion of Part 2 Division 3 Subdivision 2\nBefore Part 3 insert:\nSubdivision 2—Power to require or obtain information\n26—Information discovery orders\n\t(1)\tA warden may issue an information discovery order under this Subdivision for the purpose of obtaining information reasonably required for the administration, operation or enforcement of this Act.\n\t(2)\tAn information discovery order may be issued to any person who the warden reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required.\n\t(3)\tAn information discovery order—\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmay require information, as specified in the order, to be furnished to the warden in such manner and within such period as is specified in the order; and\n\t(d)\tmust state the purpose for which the information is required; and\n\t(e)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(4)\tIf an information discovery order has been issued to a person by a warden, the warden may, by written notice served on the person, vary or revoke the order.\n\t(5)\tA person to whom an information discovery order is issued must comply with the order.\nMaximum penalty: $8 000.\n26A—Obtaining of information on non‑compliance with order\n\t(1)\tIf a person—\n\t(a)\tfails to furnish information as required by an information discovery order; or\n\t(b)\tbeing required by such an order to furnish information, furnishes information that is inaccurate or incomplete,\nthe warden who issued the order may take such action as is reasonably required to obtain the information.\n\t(2)\tThe reasonable costs and expenses incurred by a warden in taking action under this section may be recovered by the warden as a debt from the person whose failure gave rise to the action.\n26B—Appeal to ERD Court\n\t(1)\tA person to whom an information discovery order has been issued may appeal to the ERD Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal under this section must be made within 14 days after the order is issued or the variation is made.\n\t(4)\tThe ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.\n\t(5)\tAn appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal).\n65—Amendment of heading to Part 3\nHeading to Part 3—delete \"and sanctuaries\"\n66—Amendment of section 37—Objectives of management\n\t(1)\tSection 37(1)(a)—delete \"preservation\" and substitute:\nconservation\n\t(2)\tSection 37(1)—after paragraph (l) insert:\n\t\tand\n\t(m)\tthe promotion of the objects of the Biodiversity Act 2025.\n67—Amendment of section 38—Management plans\nSection 38(10a)—delete subsection (10a)\n68—Amendment of section 42—Prohibited areas\n\t(1)\tSection 42(3)—delete \"unless authorised to enter the area by a permit issued by the Minister under this section\" and substitute:\nexcept with the written permission of the Minister\n\t(2)\tSection 42(4)—delete \", on appropriate terms and conditions, issue to any person a permit to be within a prohibited area\" and substitute:\ngrant a written permission to a person for the purposes of subsection (3) on such terms and conditions as the Minister thinks fit\n69—Insertion of section 43BA\nAfter section 43B insert:\n43BA—Culling of protected animals\n\t(1)\tThe Minister may make a declaration under this section if the Minister is satisfied that—\n\t(a)\tin order to meet the objectives of management under section 37 in respect of a reserve, it is necessary to control the population of a species of protected animal in the reserve or any part of the reserve; and\n\t(b)\tculling of the animals is the only practicable option for achieving that population control.\n\t(2)\tThe Minister may, by notice in the Gazette, declare that culling of a specified species of protected animal will be permitted in a specified reserve (or a specified part of a reserve) subject to any conditions specified in the notice.\nThe notice may, for example, impose conditions relating to the number of the protected animals to be culled or the period during which culling can occur.\n\t(3)\tIn this section—\nculling includes harvesting within the meaning of the Biodiversity Act 2025.\n70—Repeal of Part 3 Division 7\nPart 3 Division 7—delete Division 7\n71—Amendment of section 45M—Establishment of Fund\nSection 45M(3)—after paragraph (g) insert:\n\t\tand\n\t(h)\tany penalty or expiation fee payable in respect of an offence or alleged offence under this Act.\n72—Repeal of Parts 4 and 5\nParts 4 and 5—delete the Parts\n73—Substitution of Part 5A\n","sortOrder":42},{"sectionNumber":"Part 5A","sectionType":"part","heading":"delete the Part and substitute:","content":"Part 5A—delete the Part and substitute:\nPart 5A—Taking of plants and animals by Aboriginal persons\n68D—Taking of plants and animals by Aboriginal persons\n\t(a)\ta plant of a species prescribed for the purposes of section 43(1)(a) of the Biodiversity Act 2025; or\n\t(b)\ta plant by a means or in circumstances prescribed for the purposes of section 43(1)(b) of the Biodiversity Act 2025; or\n\t(c)\tan animal, or an egg of an animal, of a species prescribed for the purposes of section 66(1)(a) of the Biodiversity Act 2025; or\n\t(d)\tan animal, or an egg of an animal, by a means or in circumstances prescribed for the purposes of section 66(1)(b) of the Biodiversity Act 2025.\n\t(2)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a native plant from a reserve (other than a co‑managed park) in accordance with this section if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the reserve.\n\t(3)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a reserve (other than a co‑managed park) in accordance with this section if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the reserve.\n\t(4)\tThe Governor may, by proclamation, amend or repeal a proclamation referred to in subsection (2) or (3).\n\t(5)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in accordance with this section from a co‑managed park if the native plant, protected animal or eggs are taken—\n\t(a)\tif there is a co‑management board for the park—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or\n\t(b)\tin accordance with the provisions of the co‑management agreement for the park.\n\t(6)\tA plant, animal or egg is taken in accordance with this section if it is taken for the purposes of using the plant, animal or egg for a non‑commercial cultural or spiritual practice (which may include using the plant, animal or egg as food in the course of that practice).\n\t(7)\tNothing in this section prevents a native title holder from taking a plant, animal or egg in the exercise of their native title rights and interests.\nnative title holder has the same meaning as in the Native Title (South Australia) Act 1994.\n74—Amendment of section 69—Permits\nSection 69(7)—delete subsection (7)\n75—Repeal of sections 74 and 74A\nSections 74 and 74A—delete the sections\n76—Amendment of section 75—Evidentiary provisions\n\t(1)\tSection 75(2)—delete \"or sanctuary\"\n\t(2)\tSection 75(2)—delete \"sanctuary,\"\n\t(3)\tSection 75(5) and (6)—delete subsections (5) and (6)\n77—Amendment of section 75A—Defence\nSection 75A(a)—delete \"Native Vegetation Act 1991\" and substitute:\n78—Amendment of section 80—Regulations\n\t(1)\tSection 80(2)(k)—delete \"or sanctuary\"\n\t(2)\tSection 80(2)(wa)—delete paragraph (wa)\n\t(3)\tSection 80(2a)—delete subsection (2a)\n79—Repeal of Schedules 7 to 11\nSchedules 7 to 11 (inclusive)—delete the Schedules\n","sortOrder":43},{"sectionNumber":"Part 24","sectionType":"part","heading":"Amendment of Parliamentary Committees Act 1991","content":"Part 24—Amendment of Parliamentary Committees Act 1991\n80—Amendment of section 15L—Functions of Committee\n\t(1)\tSection 15L(2)—before the definition of natural resources insert:\n\t(2)\tSection 15L(2), definition of natural resources, (d)—delete \"native vegetation, native animals\" and substitute:\nnative plants, protected animals\n\t(3)\tSection 15L(2)—after the definition of natural resources insert:\nprotected animal has the same meaning as in the Biodiversity Act 2025.\n","sortOrder":44},{"sectionNumber":"Part 25","sectionType":"part","heading":"Amendment of Pastoral Land Management and Conservation Act 1989","content":"Part 25—Amendment of Pastoral Land Management and Conservation Act 1989\n81—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of conservation purposes—delete \"native vegetation\" and substitute:\nnative plants\n\t(2)\tSection 3(1), definition of conservation purposes—delete \"heritage agreements\" and substitute:\nbiodiversity agreements\n\t(3)\tSection 3(1), definition of conservation purposes—delete \"Native Vegetation Act 1991\" and substitute:\n\t(4)\tSection 3(1), definition of Crown land—delete \"and Wildlife\"\n82—Amendment of section 5—Duty of the Minister and the Board\nSection 5—after paragraph (a) insert:\n\t(ab)\tmust have regard to the objects of the Biodiversity Act 2025; and\n83—Amendment of section 12—Establishment of Pastoral Board\nSection 12(2)(b)—delete \"Native Vegetation Act 1991\" and substitute:\n","sortOrder":45},{"sectionNumber":"Part 26","sectionType":"part","heading":"Amendment of Planning, Development and Infrastructure Act 2016","content":"Part 26—Amendment of Planning, Development and Infrastructure Act 2016\n84—Amendment of section 11—Recognition of special legislative schemes\nSection 11(b)—after subparagraph (iv) insert:\n\t(v)\tthe Biodiversity Act 2025; or\n85—Amendment of section 68—Significant trees\n\t(1)\tSection 68(1)(a)(ii)—delete \"rare or endangered species taking into account any criteria prescribed by the regulations,\" and substitute:\nthreatened species\n\t(2)\tSection 68(1)—delete \"vegetation\" wherever occurring and substitute in each case:\nplants\n\t(3)\tSection 68(1)—delete \"native fauna\" wherever occurring and substitute in each case:\nprotected animals\n\t(4)\tSection 68(1)(b)(ii)—delete \"rare or endangered species taking into account any criteria prescribed by the regulations,\" and substitute:\nthreatened species\n\t(5)\tSection 68—after subsection (3) insert:\n\t(4)\tIn subsection (1), the terms native plant, protected animal and threatened species all have the same meaning as in the Biodiversity Act 2025.\n86—Amendment of section 73—Preparation and amendment\nSection 73(6)—after paragraph (d) insert:\n\t(da)\tin the case of a proposed amendment to the Planning and Design Code that impacts on a zone or overlay (including by altering or removing the boundary of the zone or overlay or, in the case of an overlay, changing a zone within the overlay) that is prescribed by the regulations as a zone or overlay of importance to biodiversity—must seek the concurrence of the Minister responsible for the administration of the Biodiversity Act 2025; and\n87—Amendment of section 76—Minor or operational amendments\nSection 76(3)—after paragraph (a) insert:\n\t(ab)\tin order to include information relating to critical habitat (within the meaning of the Biodiversity Act 2025); or\n88—Amendment of section 137—Interaction of controls on trees with other legislation\nSection 137(1)—delete \"Native Vegetation Act 1991\" and substitute:\n","sortOrder":46},{"sectionNumber":"Part 27","sectionType":"part","heading":"Amendment of Real Property Act 1886","content":"Part 27—Amendment of Real Property Act 1886\n89—Amendment of section 154B—Effect of priority notices\n\t(1)\tSection 154B(2)(l)—delete \"or the Native Vegetation Act 1991\"\n\t(2)\tSection 154B(2)—after paragraph (l) insert:\n\t(la)\ta biodiversity agreement, or the variation or termination of a biodiversity agreement, under the Biodiversity Act 2025;\n90—Amendment of section 223LA—Interpretation\nSection 223LA(1), definition of statutory encumbrance, (f)—delete paragraph (f) and substitute:\n\t(f)\ta biodiversity agreement under the Biodiversity Act 2025;\n","sortOrder":47},{"sectionNumber":"Part 28","sectionType":"part","heading":"Amendment of Recreational Greenways Act 2000","content":"Part 28—Amendment of Recreational Greenways Act 2000\n91—Amendment of section 3—Interpretation\nSection 3(1), definition of authorised officer, (c)—delete \"and Wildlife\"\n92—Amendment of section 9—Restriction on use of land subject to a greenway\nSection 9(3)(b)—delete \"and Wildlife\"\n93—Amendment of section 26—Other authorised officers\nSection 26(2)—delete \"and Wildlife\" wherever occurring\n94—Amendment of section 27—Powers of authorised officers\nSection 27(4)(a)—delete \"and Wildlife\"\n","sortOrder":48},{"sectionNumber":"Part 29","sectionType":"part","heading":"Amendment of River Murray Act 2003","content":"Part 29—Amendment of River Murray Act 2003\n95—Amendment of section 5—Interaction with other Acts\n\t(1)\tSection 5(2)—after paragraph (b) insert:\n\t(ba)\tBiodiversity Act 2025;\n\t(2)\tSection 5(2)(m)—delete \"and Wildlife\"\n\t(3)\tSection 5(2)(n)—delete paragraph (n)\n","sortOrder":49},{"sectionNumber":"Part 30","sectionType":"part","heading":"Amendment of State Development Coordination and Facilitation Act 2025","content":"Part 30—Amendment of State Development Coordination and Facilitation Act 2025\n96—Amendment of section 19—Interpretation\n\t(1)\tSection 19(1), definition of protected area, (e)—delete \"and Wildlife\"\n\t(2)\tSection 19(1), definition of protected area, (f)—delete \"heritage agreement under section 23 of the Native Vegetation Act 1991\" and substitute:\nbiodiversity agreement under the Biodiversity Act 2025\n97—Amendment of Schedule 1—Designated Acts\n\t(1)\tSchedule 1—after the item relating to the Aquaculture Act 2001 insert:\nBiodiversity Act 2025;\n\t(2)\tSchedule 1—delete the item relating to the Native Vegetation Act 1991\n","sortOrder":50},{"sectionNumber":"Part 31","sectionType":"part","heading":"Amendment of Strata Titles Act 1988","content":"Part 31—Amendment of Strata Titles Act 1988\n98—Amendment of section 3—Interpretation\nSection 3(1), definition of statutory encumbrance, (da)—delete paragraph (da) and substitute:\n\t(da)\ta biodiversity agreement under the Biodiversity Act 2025;\n","sortOrder":51},{"sectionNumber":"Part 32","sectionType":"part","heading":"Amendment of Unexplained Wealth (Commonwealth Powers) Act 2021","content":"Part 32—Amendment of Unexplained Wealth (Commonwealth Powers) Act 2021\n99—Amendment of section 8—Relevant offences\nSection 8(b)(v)—delete subparagraph (v)\n","sortOrder":52},{"sectionNumber":"Part 33","sectionType":"part","heading":"Amendment of Wilderness Protection Act 1992","content":"Part 33—Amendment of Wilderness Protection Act 1992\n100—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of the Director—delete \"and Wildlife\"\n\t(2)\tSection 3(1)—after the definition of the Environment, Resources and Development Committee insert:\nGeneral Reserves Fund means the General Reserves Fund continued in existence under the National Parks Act;\n\t(3)\tSection 3(1), definition of the National Parks Act—delete \"and Wildlife\"\n\t(4)\tSection 3(1), definition of native plant—delete \"National Parks Act\" and substitute:\n\t(5)\tSection 3(1)—after the definition of public notice insert:\nrelevant Aboriginal group has the same meaning as in the National Parks Act;\n\t(6)\tSection 3(1)—after the definition of reserve insert:\ntake has the same meaning as in the Biodiversity Act 2025 and, in relation to a plant, includes clearance within the meaning of that Act;\n\t(7)\tSection 3(1), definition of vehicle—delete the definition and substitute:\n\t(8)\tSection 3(1), definition of wildlife—delete the definition and substitute:\nwildlife has the same meaning as in the National Parks Act.\n\t(9)\tSection 3(1), definition of Wildlife Conservation Fund—delete the definition\n101—Amendment of section 17—Forfeiture\n\t(1)\tSection 17(4)(d)—delete \"Wildlife Conservation\" and substitute:\n\t(2)\tSection 17(5)—delete \"Wildlife Conservation\" and substitute:\n102—Insertion of section 25A\nAfter section 25 insert:\n25A—Taking of plants and animals by Aboriginal persons\n\t(a)\ta plant of a species prescribed for the purposes of section 43(1)(a) of the Biodiversity Act 2025; or\n\t(b)\ta plant by a means or in circumstances prescribed for the purposes of section 43(1)(b) of the Biodiversity Act 2025; or\n\t(c)\tan animal, or an egg of an animal, of a species prescribed for the purposes of section 66(1)(a) of the Biodiversity Act 2025; or\n\t(d)\tan animal, or an egg of an animal, by a means or in circumstances prescribed for the purposes of section 66(1)(b) of the Biodiversity Act 2025.\n\t(2)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a native plant from a wilderness protection area or a wilderness protection zone in accordance with this section if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the wilderness protection area or wilderness protection zone.\n\t(3)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a wilderness protection area or a wilderness protection zone in accordance with this section if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the wilderness protection area or wilderness protection zone.\n\t(4)\tThe Governor may, by proclamation, amend or repeal a proclamation referred to in subsection (2) or (3).\n\t(5)\tDespite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in accordance with this section from a co‑managed wilderness protection area or zone if the native plant, protected animal or eggs are taken—\n\t(a)\tif there is a co‑management board for the area or zone—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or\n\t(b)\tin accordance with the provisions of the co‑management agreement for the area or zone.\n\t(6)\tA plant, animal or egg is taken in accordance with this section if it is taken for the purposes of using the plant, animal or egg for a non‑commercial cultural or spiritual practice (which may include using the plant, animal or egg as food in the course of that practice).\n\t(7)\tNothing in this section prevents a native title holder from taking a plant, animal or egg in the exercise of their native title rights and interests.\nAboriginal person has the same meaning as in the Biodiversity Act 2025;\nnative title holder has the same meaning as in the Native Title (South Australia) Act 1994.\n103—Amendment of section 38A—Entrance fees etc for wilderness protection areas or zones\nSection 38A(3)—delete subsection (3) and substitute:\n\t(3)\tA fee payable under subsection (1) must be paid into the General Reserves Fund.\n104—Amendment of section 39—Financial provision\nSection 39(2)—delete \"Wildlife Conservation\" and substitute:\n","sortOrder":53},{"sectionNumber":"Part 34","sectionType":"part","heading":"Repeal of Native Vegetation Act 1991","content":"Part 34—Repeal of Native Vegetation Act 1991\n105—Repeal of Act and regulations\nThe Native Vegetation Act 1991, and all regulations made under that Act, are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n26.6.2025\nuncommenced\n","sortOrder":54}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared to the older native‑vegetation regime, this Act substantially broadens scope. It moves from a narrower focus on native vegetation to an integrated, State‑level biodiversity framework that explicitly covers native plants, protected animals, threatened ecological communities and other ecological entities (ss70–72). It replaces the Native Vegetation Act 1991 (Schedule 5 Part 34) and centralises multiple functions (listing, critical habitat declarations, permits, enforcement, funds and market mechanisms like SEBs and environmental benefit credits). The Act also embeds new institutional arrangements (multiple committees, a public register and three dedicated funds), extends the law's reach via data and planning integration (ss172–173, 180), and amends many existing statutes to transfer roles and interactions (Schedule 5 lists extensive amendments). These changes expand both the substantive reach (species, habitats, cultural entities and activities) and the regulatory toolkit (consents, credits, agreements, and stronger enforcement), so the legislation goes well beyond the original narrow native‑vegetation protection model."},"complexity_factors":["Very large document with many Parts and Schedules (Parts 1–10 plus 4 Schedules and extensive Schedule 5 amendments)","Extensive definitions in section 3 — dozens of defined terms and cross‑references to those terms throughout the Act","Multiple statutory bodies (4 established directly: Council, CAC, ABC, Scientific Committee) with appointment rules and interlocking functions (sections 14–25)","Three distinct public funds with separate management and permitted uses (Biodiversity Restoration Fund, Biodiversity Conservation Fund, Biodiversity Administration Fund; sections 36–39)","Layered permit/consent systems: CAC consents for clearing (Part 4 Div.3), Ministerial permits for animals and other activities (Part 5 and Part 9), and many Schedule 2 exclusions and conditions","Mitigation hierarchy and the SEB policy create conditional and multi‑step decision logic with exceptions (section 3(4); ss50–53; s175(6))","Environmental benefit credits and tradability/assignment rules (ss59–61) — require valuation rules in policy/regulation","Extensive cross‑references and amendments to many other Acts (Schedule 5 alters 33 other Acts), increasing legal interaction complexity","Two parallel enforcement tracks (administrative orders, civil proceedings to ERD Court, criminal offences) with different remedies, time limits and appeal routes (Part 8, ss111–124, 116–127)","Large schedule of exclusions and conditional exemptions (Schedule 2 is long and highly conditional across many activities)","Multiple delegated instruments (Council guidelines, biodiversity policies, management plans, fee notices, regulations) that are authoritative and will carry heavy operational detail (sections 174–176, 183)","Layered appeal and review processes (Council review of CAC; ERD Court appeals; SACAT review for certain permits; Supreme Court appeal)"],"plain_english_summary":"The Act replaces South Australia’s native‑vegetation regime with a single statewide Biodiversity Act: it creates a Council and specialist committees, establishes three public biodiversity funds, tightly regulates clearing of native plants and use of protected animals, mandates a mitigation hierarchy and SEBs (including tradable credits), and enables biodiversity agreements attached to title.\n\nIt affects landowners, farmers, developers, miners, commercial users, Aboriginal communities and public agencies. It matters because it shifts how biodiversity is conserved and funded—using permits, market‑style credits and strong enforcement—while recognising Aboriginal custodianship."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was provided. The submitted content is a 404-style error page from the SA legislation website, not the Biodiversity Act 2025 itself."},"complexity_factors":["No legislative content was present to analyse — the document is a website error page","The only text is a navigation error message and website disclaimers","No legal provisions, definitions, schedules, or operative clauses exist in the provided content"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe document provided is not actual legislative text — it is a **'Page Not Found' error message** from the South Australian legislation website (legislation.sa.gov.au). The page that was meant to contain the *Biodiversity Act 2025* (SA) is either broken, has moved, or does not exist at the URL that was accessed.\n\n**What this means for you:** There is no law here to read or rely upon. If you need the actual text of the *Biodiversity Act 2025*, you should:\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for it\n- Check whether the Act has actually been passed and published\n- Email the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Note that any bookmarks or hyperlinks created before **24 March 2026** may be outdated due to a website update"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":1069},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond a simple replacement of the Native Vegetation Act 1991. It now integrates wildlife protection (previously under National Parks and Wildlife Act), creates new market-based mechanisms (environmental benefit credits), establishes Aboriginal-specific governance structures, and imposes a general duty of care on all persons not to harm biodiversity. The scope now covers not just vegetation clearance but comprehensive biodiversity conservation including threatened species management, critical habitat protection, and landscape-scale restoration funding."},"complexity_factors":["184 sections across 10 Parts plus 5 Schedules with extensive cross-referencing","47 defined terms in the interpretation section alone, many with nested definitions","Four separate statutory bodies with interlocking membership requirements (e.g., CAC member must sit on Council, ABC members must be of different genders)","Three separate funds with 11+ sources of money each and specific rules about how each dollar type must be spent","Mitigation hierarchy with four nested steps (avoidance, minimisation, rehabilitation/restoration, offset) applied conditionally across multiple decision points","Schedule 2 contains 36 separate exemptions from clearance rules, each with their own conditions and exceptions","Critical habitat provisions with dual consent requirements (CAC + Minister) and specific offset rules prohibiting cash payments","Environmental benefit credit system allowing creation, assignment, and application of credits with value reassessment","Extensive amendment schedule affecting 33 other Acts with substitution of defined terms throughout","Multiple appeal pathways: Council review, ERD Court, SACAT for permits, Supreme Court — each with different time limits and procedures","Conditional logic throughout: e.g., section 51 has 11 subsections with multiple 'despite' clauses and 'if satisfied' triggers","Biodiversity agreements can be perpetual or fixed-term with different rules for variation and termination depending on which type"],"plain_english_summary":"This is South Australia's new **Biodiversity Act 2025**, a comprehensive law that replaces the old Native Vegetation Act 1991 and overhauls how the state protects and restores nature.\n\n**What it does:**\n\n- **Creates a new framework** for conserving, restoring and enhancing biodiversity (the variety of life including plants, animals, ecosystems and their genetic diversity)\n- **Establishes four new statutory bodies** to manage biodiversity:\n  - **Biodiversity Council** — provides strategic advice, manages restoration funds, and reviews decisions\n  - **Clearance Assessment Committee (CAC)** — decides whether native plants can be cleared\n  - **Aboriginal Biodiversity Committee** — ensures Aboriginal knowledge and perspectives guide biodiversity management\n  - **Scientific Committee** — makes decisions about listing threatened species and ecological communities\n\n- **Sets up three funds**:\n  - **Biodiversity Restoration Fund** — for ecological restoration projects\n  - **Biodiversity Conservation Fund** — for conservation programs and research\n  - **Biodiversity Administration Fund** — for running the system\n\n**Key rules for landholders:**\n\n- **Clearing native plants** generally requires approval from the CAC, with strict conditions including applying the \"mitigation hierarchy\" (avoid, minimise, rehabilitate, offset)\n- **Protected animals** (native animals excluding fish, plus threatened fish/amphibians/invertebrates) cannot be taken, kept, or interfered with without a permit\n- **Critical habitat** — special areas crucial for threatened species — gets extra protection and cannot be damaged without specific approval\n- **Threatened species and ecological communities** are listed and managed through action plans and threat abatement plans\n\n**New concepts:**\n\n- **Significant Environmental Benefit (SEB)** — anyone clearing native plants must either restore biodiversity elsewhere or pay into the Restoration Fund\n- **Environmental benefit credits** — people can earn credits for restoration work and trade or apply them against future clearance requirements\n- **Biodiversity agreements** — voluntary long-term conservation deals with landholders (minimum 20 years, or perpetual) that can come with rate remissions and payments\n\n**Aboriginal recognition:**\n\nThe Act explicitly recognises Aboriginal people as \"enduring custodians\" with fundamental roles in caring for Country. Aboriginal knowledge must be sought and applied in decision-making, and Aboriginal people have specific rights to take plants and animals for cultural and spiritual practices.\n\n**Enforcement:**\n\nStrong penalties apply — up to $1 million for corporations and $500,000 or 5-10 years imprisonment for individuals for serious offences. The Environment, Resources and Development Court handles enforcement, with powers to order restoration, impose civil penalties, and even ban development on cleared land for up to 10 years.\n\n**Who it affects:**\n\n- Farmers and pastoralists seeking to clear native vegetation\n- Developers and infrastructure projects\n- Mining and energy operations\n- Aboriginal communities exercising cultural rights\n- Conservation groups and researchers\n- Local councils and government agencies\n\nThe Act also makes extensive amendments to 33 other Acts to integrate this new biodiversity framework across South Australia's planning, mining, fisheries, and land management laws."}},"importantCases":[],"_links":{"self":"/api/acts/biodiversity-act-2025","history":"/api/acts/biodiversity-act-2025/history","analysis":"/api/acts/biodiversity-act-2025/analysis","conflicts":"/api/acts/biodiversity-act-2025/conflicts","importantCases":"/api/acts/biodiversity-act-2025/important-cases","documents":"/api/acts/biodiversity-act-2025/documents"}}